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(영문) 서울남부지방법원 2019.09.18 2019가단211021

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a corporation operating leisure sports business, bathing business, etc., and operates a sports center and so on with the trade name “F” in Gangseo-gu Seoul Metropolitan Government E (hereinafter “instant soup”).

B. On December 4, 2017, the deceased G (hereinafter “the deceased”) visited the soup bank of this case, and was found to have taken up the goods at the soup bank around 13:40, while using the said facilities, and was sent back to H Hospital upon reporting 119, but was eventually killed due to a heat disease.

(hereinafter “instant accident”). C.

As the inheritor of the deceased, there are Plaintiffs A, B, and C, who are their spouse.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 3, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The soup of the plaintiffs' assertion that salt banks in the soup of this case are as follows: Article 4 of the Public Health Control Act and attached Table 4 of Article 7 of the Enforcement Rule of the same Act

2.(c)

(1) in accordance with subsection (1) of this section, the lighting chart shall be maintained at least 75 Luxembourg.

However, the Defendant maintained the illumination of salt banks in the soup soup bank of this case to maintain it, thereby causing defects in the management of facilities, and the Deceased died from being exposed to high temperature at a long time. The Defendant’s violation of the duty of care to manage the Defendant’s facilities and violation of the duty of safety care to customers, and the degree of contribution is determined by 30%.

Therefore, as damages for the accident of this case, the Defendant is KRW 15,500,000 for the Plaintiff (i.e., funeral expenses of KRW 1,500,000 for funeral expenses of KRW 5,000 for 30%) and KRW 12,00,00,000 for the deceased’s inheritance portion of consolation money of KRW 12,00,00 for the deceased (i.e., KRW 28,000 for 3/7 inheritance x KRW 2,000 for consolation money unique to 3/7 inheritance x KRW 2,000 for 3/7 inheritance), and each of KRW 9,00 for the Plaintiff B and C [= KRW 8,00 for the deceased’s inheritance portion of consolation money of KRW 28,00,000 for x KRW 2/7 inheritance shares of KRW 1,000 for the deceased’s