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(영문) 광주지방법원 2018.01.18 2017가합53359
채무부존재확인
Text

1. With respect to the accident described in the attached list 1, the damages against the Defendant (Counterclaim Defendant) by the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff, as indicated in [Attachment 2 List 2], had been engaged in accommodation business with the trade name of “the instant telecom” from “the instant telecom,” and the Defendant was a guest with a long-term accommodation in the 201st floor of the instant telecom.

B. On March 2, 2015, around 04:53, a fire was caused by an act of fire (hereinafter “the fire of this case”) at the instant her mother, and the Defendant suffered injury from the injury of the instant her 2nd floor 201 Vietnam with a view to escape.

(hereinafter “instant accident.” The Defendant suffered injury, such as the instant accident, e.g., blood transfusions, e., e., e., e., e., e., g., e., g., e., g., e., g., e.,

C. Meanwhile, each real estate listed in the separate sheet No. 2 (hereinafter “each of the instant real estate”) was owned D as the Plaintiff’s wife at the time of the instant accident. D sold each of the instant real estate to E, F, and G on June 1, 2016, and completed the registration of ownership transfer on June 29, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Eul evidence 1 to Eul evidence 6, Eul evidence 1 to Eul (which include each number; hereinafter the same shall apply), the result of this court's physical appraisal entrusted to the director of the Jeonnam University Hospital, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Lodging contracts entered into with accommodation business operators, which are public accommodation business operators, are a lease contract for a kind of temporary use of guest rooms with which accommodation business operators can provide accommodation to customers and allow them to use it, and for them to receive the fees from them. Thus, accommodation business operators are obligated to provide guest rooms such as inn and related facilities, as usual leases, and to allow them to use and benefit from it.

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