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(영문) 수원지방법원 2017.11.02 2017나5690

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings (including facts with this court) on each entry or video set forth in Gap evidence 1 to 3, 5, 7, and Eul evidence 1 and 2 (including each number), respectively.

(1) On February 3, 2016, the Plaintiff: (a) around 21:00 on February 3, 2016, 2016, left the Plaintiff’s daughters and girls; (b) went to the restaurant operated by the Defendant; and (c) went to the toilets located there along with C; (d) 3rds installed in the toilet were separated from the wall; (c) was in a way of gambling in need of approximately two weeks of medical treatment on the wind that falls off the Plaintiff’s right edge; and (d) was in a check that was unable to identify the number of days of medical treatment due to the fall short of the left side of C (hereinafter “instant accident”).

2) The Plaintiff spent KRW 90,900 in total as medical expenses incurred in the instant accident.

B. On April 5, 2016, the Plaintiff filed the instant lawsuit against the Defendant for the payment of KRW 2,200,000 as damages incurred from the instant accident, and the damages incurred therefrom. On April 22, 2016, the court of first instance recommended the Defendant to pay to the Plaintiff money calculated at the rate of KRW 2,200,000 per annum from the day following the delivery date of a copy of the instant complaint to the day of full payment pursuant to Article 5-3(1) of the Trial of Small Claims Act (hereinafter “the decision on performance recommendation of this case”).

(2) On April 28, 2016, the instant performance recommendation decision and the instant litigation guide were served as a restaurant operated by the Defendant located in the Singu-si D, and on May 3, 2016, E, a part-time employee employed by the Defendant, received them. (2) Meanwhile, on April 25, 2016, the Defendant left the Republic of Korea on the Chinese side, and returned to the Republic of Korea on May 20, 2016, and returned to the Republic of Korea on May 25, 2016.