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(영문) 부산지방법원 2017.09.14 2016가단311458

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a person who operates a mutual bath of "D" (hereinafter referred to as "the bath of this case") in Busan Hung-gu C.

B. On December 31, 2015, the Plaintiff was hospitalized in the F Hospital located in Busan, Seo-gu, Busan, due to the power failure on the left side, and discharged on January 18, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 3-1, 2, 3, and Gap evidence Nos. 4, and the fact-finding with respect to the head of Seosan Tax Office of this Court, the purport of the whole pleadings

2. The parties' assertion

A. On December 31, 2015, Plaintiff 10:40, while taking the bath in the instant bath around 10:40, Plaintiff 2015, the Plaintiff was faced with injury, such as the knee-ray, etc. on the left side side of the lower side while she was knee-feled in the hot-water bath that took the floor.

The floor of the bath of this case is slicker than other bathing rooms, and the drainage tool is not located in the place where water is used, and it is not in the water, but in the drainage hole flowing side, so the bathing room is built of a structure where customers with a large amount of water can not be sleeped on the floor.

The Defendant, as the owner of the bath in this case, suffered injury to the Plaintiff by negligence due to neglecting his duty of care, such as safety and management of the bath, by neglecting the management of the bath, which led to the Plaintiff. As such, the Plaintiff’s total amount of KRW 13,248,648 (the amount of the damage claim specifically claimed by the Plaintiff is KRW 2,628,85, medical expenses, KRW 5,619,760, and KRW 500,000,000,000,000 won, and KRW 13,248,645, as the Plaintiff’s assertion, is obligated to compensate for the total amount of KRW 13,248,648, as calculated error).

B. On December 31, 2015, the Defendant had been working in the instant bath room, but did not hear that he had been or had been in the said bath room. The Plaintiff did not notify the Defendant of this fact and returned to his house without notifying the Defendant, and he did not know on February 2, 2016.