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(영문) 서울중앙지방법원 2015.04.23 2014가단5114704

채무부존재확인

Text

1. On January 3, 2013, around 20:30, the Defendant was injured at the vicinity of the main entrance of the restaurant C located in Gwangju-si.

Reasons

1. Basic facts

A. The Plaintiff, a company running various insurance business, including non-life insurance business, concluded an insurance contract (securities number : E) with D as carbon for non-dividend Samsung Fire Property Insurance.

B. On January 3, 2013, at around 20:30, the Defendant visited the restaurant B located in Gwangju-si (hereinafter “instant restaurant”) operated by Gwangju-si (hereinafter “instant restaurant”) and opened the entrance by moving children to the behind of the building for the purpose of moving to the toilet, but it was confirmed that there was a main door, and suffered from cutting down the right edges beyond the moment coming back.

(hereinafter “instant accident”). C.

In relation to the instant accident, on January 7, 2013, the Defendant received stimulative and internal surgery from the hospital, and the Plaintiff paid KRW 6,600,000 to the Defendant, which is a part of the damages compensation four times from January 29, 2013 to March 29, 2013.

[Reasons for Recognition] Each entry of Gap 1 through 10 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The defendant's assertion (1) at the time of the accident of this case by the plaintiff was asserted as the ice of the outer floor of the restaurant of this case, but it cannot be seen as the result of the defendant's negligence, rather than the defendant's negligence. If the outer floor of the restaurant of this case was attached at the time of the accident of this case, even if there was a lot of snow in the winter, so the defendant could easily be easily recognized that the external floor of the restaurant of this case was very poor due to snow, and the accident of this case occurred because the defendant did not pay attention to the state of ice by himself.

In addition, when a restaurant or other public entertainment business is used, it is general that the location of the toilet shall be asked to the principal or employee of the restaurant. At the time of the accident, the defendant does not ask the location of the toilet, but used the restaurant after arbitrarily.