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(영문) 대구고등법원 2017.06.14 2016나26830
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

The Plaintiff is liable for damages under the mutual name of “C” to operate a bath (hereinafter “instant bath”) and its business hours from 05:0 to 20:30.

After the completion of the business, the Plaintiff cleans the bath floor of the bath, and opens the windows to call them, and has operated the business by receiving water from the public bath following the end of the business.

On the other hand, at least 50 middle-class public bath in this case accounts for a considerable portion of visitors, and the Defendant has used the instant public bath in 3 to 4 times a week even before August 25, 2015.

On August 25, 2015, at around 06:30, the Defendant visited the bath of this case, and around 06:40, a cleaning agent was carrying about about 10 minutes after the cleaning agent, and entered a hot spring with approximately 10 minutes. The Defendant was deprived of the bath floor of the bath and was faced with pressure pressure for the 12th century.

(hereinafter “instant accident”. At the time of the accident, the Plaintiff’s employees and several customers, including the Defendant, were in a bath (a total of seven or less persons), and the floor was a substitute seat, and there was a sign “slick view” in front of the hot spring.

On the other hand, the entrance of a sugar room, the entrance of a sugar room, the entrance of a sugar room, etc. are installed with dump prevention sets, plastic sets, rubber sets, etc., but there was no separate dump or shot, etc. in most spaces including the Defendant’s transitioned places.

After the accident, the Defendant was hospitalized in D Hospital on August 26, 2015, which was the following day after the accident, and continued hospitalized treatment on September 3, 2015.

【In the absence of any dispute, Gap Nos. 3 and 4 (including a branch number if it is not indicated specially; hereinafter the same shall apply), and Eul No. 1.

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