logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.08.17 2014가합103106
채무부존재확인
Text

1. An accident that occurred at around 11:00 on February 8, 2014 against the Plaintiff’s Defendant in Busan Shipping Daegu C public bath located in Busan Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff is operating the D bath located in Busan Shipping Daegu C (hereinafter “instant bath”).

B. At around 11:00 on February 8, 2014, the Defendant was faced with an accident (hereinafter “instant accident”) wherein the toilets installed in the bath of this case were frighted near the entrance, and thereby, suffered injury, such as “the 5-side 5-side 5-side 5-side 5-side 5-side 5-side 5-side 5-side dives and divesium dives.”

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 8 (including paper numbers), and each of the statements and images of this Court, E-mail of this Court, F-type medical staff, G hospital, H-type medical staff, and I hospital, the result of fact-finding conducted by this Court, the result of the National Health Insurance Corporation, Busan Regional Headquarters of the National Health Insurance Corporation of the Republic of Korea, as a result of the order to submit documents, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion asserted as follows and sought confirmation that the Plaintiff’s liability for damages to the Defendant related to the instant accident does not exceed KRW 7,169,062.

(1) In other words, the instant accident caused the Defendant’s negligence, such as the Defendant’s negligence, and the Plaintiff was not negligent in managing the instant bath facilities, and there is no defect in the instant bath facilities.

(2) Even if the Plaintiff’s liability is recognized, the amount of damages is 7,169,062 won as follows, taking account of the ratio of negligence, etc. into account.

(1) Loss from lost income: 15,343,288 won (2) 4,169,29,3 transportation expenses: 104,290 won: 30%: Defendant 70%: 5,884,943 won [[15,343,288, 4,169, 190 x 104,000] x 0.3] (5) : 1,284,120 won: 7,169,063 won ( = 5,84,94,943 won), 284,120 won (3) ; therefore, the Plaintiff’s damage liability against the Defendant shall not exceed the above 7,169,063 won.

B. The defendant's assertion is based on the following reasons.

arrow