손해배상(기)
1. The Defendant’s KRW 13,879,005 to the Plaintiff and KRW 5% per annum from December 23, 2012 to November 24, 2015 to the Plaintiff.
1. Occurrence of liability for damages;
A. At around 6:30 on December 23, 2012, the Plaintiff suffered injury to the pressure of the 12 chest pressure, as the Plaintiff completed a bed meal at the restaurant “D” operated by the Defendant, and lowered the stairs front of the entrance of the restaurant, and ice slicked off.
(hereinafter referred to as the "accident of this case"). / [Grounds for recognition] The fact that there is no dispute, described in Gap evidence 1, 5, 6, and 7 (including paper numbers) or video, the witness E's testimony, and the purport of the whole pleadings.
B. According to the above facts of the judgment, considering that the time of the instant accident was the time of the new wall near the entrance of the said restaurant, the Defendant had a duty of care to check the ices near the stairs and to manage it so as not to generate ices in the stairs, but failed to detect ices or remove the ices at the place where the instant accident occurred, and thereby, the Plaintiff was faced with the instant accident that was caused by the said ices.
Therefore, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case caused by the defect in the above restaurant stairs.
C. In full view of the following facts: (a) other restaurant users, except the Plaintiff who neglected to perform such duty of care, did not extinguish or get out of the place of the instant accident; and (b) each user has a duty of care to look closely at whether each user has ice on his own, and walking, etc., in an easily visible ice, the Plaintiff’s negligence in neglect of such duty of care was an important cause for the occurrence of the instant accident and the expansion of damages; and (c) therefore, the Defendant’s liability is limited to 20% in consideration of the amount of damages that the Defendant is liable to compensate for.
2. In calculating the periods and amounts below the scope of compensation for damage, the current price shall be calculated in accordance with the door-to door-to-door discount method, and the amount of money below the won shall be discarded.
[Reasons for Recognition]