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(영문) 부산지방법원 2015.01.23 2014나9127
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On December 12, 2013, the Plaintiff asserted that: (a) at the escape room of “Crata” operated by the Defendant, the Plaintiff was stolen of KRW 400,000,000,00 in sight of the market price of KRW 15 million; (b) the market price of KRW 2.5 million; and (c) the old cover of KRW 500,000,00 in cash; (d) this is an incident caused by the Defendant’s negligence of care and management, such as installing CCTV inside the escape room or not properly managing CCTV installed at the entrance; and (e) the Defendant, as a public entertainment businessman, shall compensate for the Plaintiff’s damage caused by the destruction of the said article pursuant to Article 152 of the Commercial Act.

2. In light of the reasoning of the judgment, Gap evidence No. 1 alone, it is insufficient to recognize that the plaintiff was stolen of the article as alleged in the above escape room, and there is no other evidence to acknowledge it otherwise. Even if the plaintiff was stolen of the above article at the above escape room, a public entertainment businessman is not liable for damages caused by the loss or damage of the article unless the customer expressly states the type and value of the article, and in this case where it is not recognized that the plaintiff deposited the article with the defendant with the description of its kind and value as to the article stolen, the defendant is not liable for damages, since the plaintiff's assertion does not seem to have any mother or without merit.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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