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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff used the “E” bath in Gangseo-gu Seoul Metropolitan Government C’s “D” (hereinafter “instant bath”) and suffered the following accidents. The Defendant is a company operating the instant bath.

B. On March 8, 2017, around 08:56, the Plaintiff, as shown in [Attachment 1], was seated in the studio of the bath of this case, such as a photo No. 1, to the chair with the same wheels as the photo No. 2 (hereinafter “the chair of this case”) and sustained injury, such as the brue, etc.

(hereinafter referred to as “instant accident”). [Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 through 10, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant is liable for damages as the possessor of a structure under Article 758 of the Civil Act or a tort under Article 750 of the Civil Act with respect to the accident of this case, or as a tort under Article 750 of the Civil Act, or as a result of violating the duty to protect the safety of the plaintiff, the customer of the bath of this case, and sought against the plaintiff for compensation 1,309,660 won for active damages (i.e., 45,000 won for purchase of walking machines, 350,000 won for 4,300,000 won for purchase of soft bones, 1,309,660 won for mental damage, and damages for delay.

In regard to this, the defendant did not have any defect in the chairer of this case, which is a structure installed and managed by the defendant, and did not have any error in violation of the duty of safety consideration to the defendant, and the accident of this case occurred entirely by the plaintiff's negligence, and thus, the plaintiff's claim cannot be complied with

B. “Defects in the installation and preservation of a structure” under Article 758(1) of the Civil Act refers to the state in which a structure does not have a normal safety in accordance with its use. In determining whether such safety has been met, the person who installs and preserves the structure.