A. The plaintiff is operating a store in the D market located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, 15 Dong 16, and the defendant is operating each store in 15 Dong 15 Dong 15.

B. On March 17, 2015, while the Defendant disposed of goods at his/her shop, the Plaintiff’s honds mushroom (hereinafter “the instant honds mushroom”) displayed by him/her (hereinafter “the instant honds mushroom”) went into contact the Defendant’s right shoulder, thereby falling into the lower part of the display stand.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Defendant was responsible for compensating the Plaintiff for damages, and thus, the Plaintiff’s damage was alleged by the Defendant. Thus, the following circumstances revealed by the records of this case can be confirmed: ① while the Defendant was working at one’s shop, the fact that the Defendant fell from the Defendant’s right shoulder, namely, ① the Defendant’s right shoulder, but the above mushroom appears to have fallen from the gambling room where other objects were used, and it seems that the shock caused by the fall would not have been significant; ② the result of the first instance court’s verification conducted on December 9, 2015, which was similar to the instant bend mushroom, was difficult to confirm whether the Defendant was golded in the bend and at a height of more than 1.5 meters; ③ the degree of the horse of this case’s height was not sufficient to acknowledge that the Plaintiff’s damage or damage was not likely to have been caused by the Defendant’s act of damaging the mushroom at the time of the above verification, and ④ the possibility or lack of other evidence to acknowledge the damage.

Therefore, the plaintiff's assertion is without merit.

B. The defendant's judgment on the counterclaim shall be the plaintiff.