beta
(영문) 서울중앙지방법원 2016.09.08 2014가단5265534

손해배상(기)

Text

1. The Defendants jointly filed for KRW 1,00,000 and each of the said money to Plaintiff A, respectively, in relation to KRW 24,247,93, Plaintiff B, and C.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff A’s recognition 1) around December 12, 2012, 2012, the Plaintiff’s Cheongju-gu E (hereinafter “instant bath”) operated by Defendant D (hereinafter “instant bath”).

(A) The Plaintiff A came to take a bath in the public bath. The Plaintiff A, while melting the body in the public bath and leaving the public bath, lost the center of the public bath that was born out of the public bath floor and used in the future (hereinafter referred to as the “instant accident”).

2) At the time, Plaintiff A’s Mexing floor was considerably sleeped, and Plaintiff A suffered from injury, such as the mouth cutting of both sides, the mouth cutting of the sleeps, and the sprinking of the sprinking floor due to the instant accident. Plaintiff B and C were the parents of Plaintiff A, and Defendant Matts Fire Marine Insurance Co., Ltd (hereinafter “Defendant Company”) concluded an insurance contract with the content that Defendant D and Defendant D compensates for the liability incurred due to the performance of duties in accordance with the purpose of the instant bathing.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 5, Eul 1, the result of the plaintiff A's personal examination, the purport of the whole pleadings

B. According to the recognition of liability and the recognition of the above limitation, the instant accident appears to have occurred due to negligence by Defendant D, who operates a public bath, not taking adequate measures to prevent the loss of the floor of the public bath in this case. Thus, Defendant D and Defendant D’s insurance company, are liable for compensating the Plaintiffs for the damages suffered by the Plaintiffs due to the instant accident.

On the other hand, since the floor of a public bath is at the risk of being sucked in the water season at all times, users should also act in a prompt manner to protect themselves. The accident in this case seems to have occurred due to the behavior of Defendant D, and the age, health condition of Plaintiff A.