손해배상(기)
1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiffs’ claim corresponding to the revoked part shall be revoked.
1. Determination as to the legitimacy of the lawsuit claiming damages equivalent to the costs for physical examination of Plaintiff A
A. The Plaintiff A seeks compensation of KRW 46,740, the sum of physical appraisal fees paid to I Hospital and KRW 23,700, the physical appraisal fees paid to J Hospital, on account of the Defendants’ negligence, in claiming compensation for damages of this case against the Defendants due to their negligence.
B. The money paid by the Plaintiff A for all inspection expenses for the appraisal, upon receiving the physical appraisal under the order of the court of first instance, was directly disbursed without going through the prepayment procedure.
Even if the costs of appraisal are part of the costs of lawsuit, and such costs of lawsuit can be refunded through the final procedure for the costs of lawsuit, so there is no benefit to file a separate lawsuit.
(see, e.g., Supreme Court Decision 99Da68577, May 12, 2000). The part of the Plaintiff’s claim against the Plaintiff A is unlawful.
2. Judgment on the merits
A. Basic facts (1) The Defendants are joint business operators of the “L” in Daejeon-gu Daejeon (hereinafter “L”).
(2) On November 25, 2015, Plaintiff A suffered image on left arms, sex instruments, clothes, breasts, and bridges, etc. while taking bath in the instant rain or in the heat bath installed in the male bath of the fifth floor of the instant case.
(3) The above heat is in the shape of approximately 2.8 meters in diameter. The depth of the inside water of the sugar is about 60cm, there is a water-supply tool in the shape of the water at the edge of a hot spring, and the water-supply tool in the shape of the hot spring is installed at the edge of a hot spring, and the structure of supplying the high temperature into the hot spring in the water outlet to maintain the water temperature as approximately 42-44cm.
【In the absence of dispute, Gap's evidence Nos. 1, 2, Eul's evidence Nos. 2, 3, and 31 (including a serial number; hereinafter the same shall apply), the purport of the whole pleadings was asserted, and judgment (1) The plaintiff's assertion was sitting in the opposite part of the water supply apparatus and approximately 2.7m away from the water supply apparatus in the relevant hot spring, but the above water supply apparatus was located.