beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. At around 15:00 on September 12, 2015, the Plaintiff was injured by the closure frame of the Johion Group accompanied by the inner slope, while the Defendant was passing ahead of the home flus C store operated by the Defendant (hereinafter “instant store”) located in the Suwon-si, Suwon-si, Suwon-si (hereinafter “instant store”).
(hereinafter referred to as the "accident of this case"). / [Grounds for recognition] / Each entry of Gap evidence 2 and 8 (including branch numbers), witness D of the first instance court, and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. The defect of installation or preservation of a structure under Article 758(1) of the Civil Act, which is the basis of liability, refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether such safety is satisfied, it shall be based on whether the installer or keeper of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the structure.
(1) The defendant, who is responsible for the management of the store of this case, as the possessor of the store of this case, has a duty of care to remove foreign substances from the floor by paying more attention than other copers in the store, as long as the defendant has a duty of care to remove foreign substances compared to other copers in the store, although the defendant bears the above duty of care, is deemed to have caused the accident of this case due to the preservation defect in which the water located on the floor of the store was not removed from time to time, barring special circumstances. Thus, the defendant is liable to compensate for damages suffered by the plaintiff due to the accident of this case, unless there are special circumstances.
B. Limit of liability, however, the Plaintiff’s store in this case.