1. On June 8, 2016, the Defendant-Counterclaim Plaintiff (Plaintiff) is in the D’s health club located in Suwon-si Building C. 801.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who operates the health club (hereinafter “instant health club”) with the trade name “D” as referred to in Article 801 of the Yongsan-si Building C. The Defendant is a person who was a member of the instant health club.

B. On June 8, 2016, the Defendant suffered injuries, such as the string of the strings and the strings at the bottom of both the strings and the strings, and the strings of the strings, the strings, and the strings of the strings.

(hereinafter “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 1, and the purport of the whole pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion 1) The instant accident was merely caused by the Defendant’s negligence, and cannot be said to have any defect in the installation and preservation of the instant health club and the instant health club. Therefore, it is sought to confirm that the Plaintiff did not have any liability for damages against the Defendant. Accordingly, the Defendant’s assertion 2) did not take any measures to prevent the deterioration of the floor due to the solid deterioration of the surface of the floor, replace the string lease or not take measures to prevent the collapse of the floor of the instant health center, as well as to neglect the duty to supervise the installation of safety facilities and safety management personnel, and thereby, the instant accident occurred.

Therefore, the Plaintiff is obligated to pay the Defendant the amount of KRW 14,406,270 for damages for the instant accident [the amount of KRW 3,150,00 for nursing expenses of KRW 806,070 for the period of hospitalization (=the amount of KRW 2,175,00 for nursing expenses of KRW 975,00 for the period of outpatient treatment) during which the Plaintiff was hospitalized and the amount of KRW 4,50,00 for the period of outpatient treatment and the amount of KRW 6,00 for the amount of KRW 2,175,00 for the period of outpatient treatment] and damages for delay.

B. “Defects in the installation and preservation of a structure” as referred to in Article 758(1) of the Civil Act concerning the 1-related legal doctrine regarding the occurrence of liability for damages refers to the safety that a structure has to be ordinarily installed according to its use.