손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Comprehensively taking account of the respective statements in Gap evidence Nos. 1 through 4, Gap evidence Nos. 5, 8, 9, and 10, and the purport of the entire pleadings, the plaintiff may recognize the fact that the plaintiff was employed by the defendant at the Busan Young-gu C hotel (hereinafter "the hotel of this case") operated by the defendant, and that the plaintiff suffered an accident where he/she was placed at the hotel of this case, resulting in an accident where he/she was displayed with a beer gas, which was installed at the hotel of this case (hereinafter "the accident of this case").
According to the above facts, the accident of this case can be deemed to have occurred due to defects in the installation and preservation of the gas stuff. Thus, the defendant, who is the possessor of the above beer gas, is liable to compensate for the damages suffered by the plaintiff pursuant to Article 758 (1) of the Civil Act.
2. Scope of liability for damages
A. In full view of the statements in evidence No. 4 and the purport of the entire pleadings, it is recognized that the instant accident causes 3,994,300 future treatment costs due to the instant accident.
B. The consolation money shall be recognized as KRW 2,200,000 in consideration of all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the Plaintiff’s age, the part and degree of injury, and the treatment period.
C. The Defendant asserted that the damage was expanded due to the failure to report the fact that the Plaintiff was aware that there was an error in the biochemical gas prior to the occurrence of the instant accident, but there is no evidence to acknowledge it.
Therefore, the defendant's assertion is not accepted.
3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 17, 2018 to the day of full payment after the delivery of a copy of the complaint of this case sought by the Plaintiff, which is the day after the occurrence of the accident, to the day of full payment.
If so, the plaintiff's claim shall be accepted with due reason.
The judgment of the first instance is just in conclusion, and thus, the defendant's appeal is justified.