1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is running a restaurant and private gambling business in the trade name of "D" in "D" (hereinafter "D") in the sealed city C.

B. On August 1, 2012, around 14:34, 2012, the Plaintiff: (a) diced in a valley near the instant restaurant (hereinafter “the instant valley”); (b) suffered damage to the vertebranes of the bones 1, the vertebral brate, the vertebral brate, and the bones gal roots roots of the bones.

(hereinafter referred to as “instant accident”). [The grounds for recognition] The facts without dispute, Gap Nos. 3, 4 (including paper numbers; hereinafter the same shall apply), Eul’s entry in the evidence No. 1, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant publicizedd the instant valley, “Is the instant valley that children can play safely in front of the instant valley,” and opened a channel to go through valleys in one’s restaurant. The Defendant used the instant valley, which is only kne height, and led the instant valley to play water in the instant valley by cutting the floor in a deep depth. Therefore, the Defendant is a de facto possessor of the instant valley, and the Defendant is liable for damages under Article 758 of the Civil Act to the Plaintiff, who was involved in the instant valley, even if he did not fall under the possessor of the instant valley, as it is unlawful to construct the passage in the instant valley, and there is a causal relation with the instant accident, and thus, the Defendant is liable for damages under Article 750 of the Civil Act.

(b) The possessor of a structure as stipulated in Article 758(1) of the Civil Act means a person who has the authority and responsibility for repairing and managing the structure in order to prevent any accidents that may occur due to defects in its installation or preservation while de facto controlling the structure;

In full view of the contents and images of Gap evidence 1, 5, and 6, the valley of this case is located in the vicinity of the restaurant of this case.