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(영문) 대구지방법원서부지원 2019.09.19 2016가합51331

손해배상(기)

Text

1. The Defendant: 5% per annum from July 9, 2016 to September 19, 2019 to Plaintiff A, as well as from the Plaintiff’s KRW 113,480,846.

Reasons

1. Basic facts

A. The Defendant is a company running a bath (hereinafter “E”) with the trade name “E” on the land outside Daegu-gu, Seogu, and seven parcels. Plaintiff A is a customer who used the bath in this case around October 7, 201, and Plaintiff B is the husband of Plaintiff A.

B. At around 18:50 on October 7, 201, Plaintiff A left the bath room of the instant case, and went beyond the entrance of the bath, and was released on October 9, 201, when the head was faced with the floor and was immediately transported to the F Hospital, and was discharged on October 9, 201.

(hereinafter referred to as “instant accident”) C.

Plaintiff

A From the accident of this case, two pains, fora, and fall in recognition function (hereinafter “the symptoms of this case”), have occurred, and the treatment has been continued at F Hospital, G Hospital, etc., but the symptoms of this case have been continued until now.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 6, 10 items, and the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

A. The summary of the plaintiffs' assertion is that the defendant is a business owner operating the bath of this case and the customers have a duty to consider safety so that it does not go beyond the limit due to an unforeseen accident, but the accident of this case occurred due to the failure to remove the water source on the floor at the entrance of the bath, etc., and thus, the defendant is responsible for nonperformance under the contract for the use of the bath.

As a result of the Defendant’s nonperformance as above, the Plaintiff A suffered damages equivalent to KRW 717,739,035 (=390,446,706 won (actual income) KRW 8,574,158 (the cost of after-the-counter treatment) KRW 8,718,171 (the cost of after-the-counter treatment) KRW 250,000 (the amount of partial claim out of the nursing expenses) KRW 60 million (the cost of after-the-counter treatment), and the Plaintiff B suffered damages equivalent to KRW 30,000 (the above material). Accordingly, the Defendant is liable for compensating the Plaintiffs for each of the damages.

B. The occurrence of liability for damages 1.