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(영문) 광주지방법원장흥지원 2020.01.21 2019가합5060
채무부존재확인
Text

1. In relation to “the content of an accident” as indicated in the attached Form, the Plaintiff (Counterclaim Defendant) shall compensate for damages against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who operates a coffee specialization point with the trade name “D” on the first floor and the second floor (the first floor and the second floor inside the building are installed with the stairs of the use drawn up from the first floor to the second floor) of the building located on the ground of Jeonnam-gu Seoul Special Metropolitan City.

(hereinafter the above building is the building of this case, and the above stairs are the stairs of this case). B.

The stairs of this case consist of 11 parts of the stairs that lead to the second floor of the building of this case, and 12 parts of the stairs that lead to the first floor of the building of this case (hereinafter referred to as this part as the "first stairs") are composed of 11 parts of the stairs that lead to the first floor of the building of this case, and 12 parts of the stairs that lead to the second floor of this case (hereinafter referred to as this part as the "second stairs").

In order to get off from the second floor of the instant building to the first floor, it is necessary to get off the second stairs after changing the direction to the right from the stairs leashing from the first stairs just to the top, and then cut off the second stairs.

C. On March 9, 2018, the Defendant: (a) went back from the 1st floor to the 2nd floor using the instant stairs after completing a meal service; and (b) around 21:51 on the same day, the Defendant got out of the 2nd floor to the 2nd floor using the instant stairs; and (c) went out from the stairs to the 2nd floor to the 2nd floor; and (d) was thereby suffering from injury to the 3nd floor.

(The whole process of the above accident is the same as that of the accident listed in the attached Form; hereinafter the same shall apply). [The ground for recognition] The fact that there is no dispute, the entries or images of the evidence A Nos. 1 and 2 (including the number number), the fact inquiry results and the purport of the whole oral argument against the chief of the Gangseo-gu fire station of this court.

2. The parties' assertion

A. At the time of the Plaintiff’s assertion, the stairs of this case must have ordinary safety according to their purpose.

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