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1. The Defendant’s KRW 8,351,770 as well as 5% per annum from November 13, 2018 to February 5, 2020 to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. On February 8, 2018, the Plaintiff: (a) was unable to determine the cause of the claim by taking into account the following facts: (b) around 14:00, in order to erase the ice of the State in a restaurant, which is located in the name of “D” in Shyman City, in order to remove the ice of the State; (c) the Plaintiff was released from the above restaurant toilets; and (d) the Plaintiff was faced with an emission aggregate of No. 12 of the said toilet No. 12 (hereinafter “instant accident”); and (d) the fact that the Defendant was an operator of the above restaurant was not in dispute between the parties; or (d) the fact that the Defendant was the operator of the above restaurant was not in dispute between the parties; or (e) the entire purport of the oral proceedings may be recognized by taking into account the entire purport of oral proceedings as a whole: Gap, 5, and 7 evidence (including various numbers).
Therefore, barring special circumstances, the Defendant, the occupant of the above restaurant, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the defect in the management of the above toilet.
B. As to the Defendant’s assertion, the Defendant asserts to the effect that the instant accident was not caused by the management defect of the toilet, but solely caused by the Plaintiff’s negligence, inasmuch as the instant accident was not caused by the Plaintiff’s negligence, since the Plaintiff’s water was not a defect in the management of the toilet, while the Plaintiff’s food ice, which was asked from the toilet screen to the tap site, was created far away from the screen screen.
It is insufficient to acknowledge the fact that the Plaintiff did not have any water source on the floor before using the above restaurant toilet only with the descriptions of 1 to 3, 1-3, and 2 of the evidence Nos. 1 to 1, and 2. The defendant's above assertion is without merit, since there is no evidence to acknowledge otherwise.
2. The property and mental damages suffered by the Plaintiff due to the instant accident within the scope of liability for damages, and the calculation basis and calculation formula, shall be recorded in the attached damages calculation sheet in addition to the following separate statements.