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(영문) 서울고등법원 2018.05.15 2017나8984

채무부존재확인

Text

1.The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

Attached Form

Entry in the list.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

Basic Facts

A. The Plaintiff is a person operating a bath (hereinafter “instant bath”) with the trade name “D” in Jung-gu Incheon, Jung-gu, Incheon (hereinafter “D”), and the Defendant is a customer who used the instant bath on December 16, 2012.

B. On December 16, 2012, at around 14:30 on December 16, 2012, the Defendant suffered injury to the left-hand strekes and strekes on the left-hand strekes, etc., as shown in the attached list, among the three-dimensionals listed on the bath of this case, which were kept in the bath of this case.

(hereinafter “instant accident” / [Grounds] Each description of Gap evidence Nos. 4, 5, and Eul evidence Nos. 4 (including provisional numbers; hereinafter the same shall apply), the overall purport of the pleadings, the occurrence of liability for damages, and the limitation on liability for damages, fall under the duty to take necessary measures to ensure the safety of life, body, health, etc. of creditors from a specific type of contract. Since bathing is a place under the business owner’s control, the proprietor bears the duty to protect customers by providing safe and comfortable facilities without danger to customers.

Where a business owner or his/her employee causes damage to the life or body of a customer by violating it in the course of performing his/her duties, the business owner shall be liable for nonperformance due to an incomplete performance or for an employer's liability under Article 756 of the Civil

According to the whole purport of the evidence No. 5, evidence No. 5, evidence No. 9-3, testimony of witness F of the court of first instance, and witness E of the court of first instance, the defendant has difficulty in putting alone to the elderly under the age of 73 at the time of the occurrence of the accident in this case, and the defendant has difficulty in putting them over a certain height of things such as the celebling with the aged under the age of 73 at the time of the occurrence of the accident in this case.

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