beta
Text
1. The Defendant’s KRW 6,616,144 as well as the Plaintiff’s annual rate of KRW 5% from April 4, 2013 to September 11, 2015.
Reasons
1. Facts of recognition;
A. The defendant is a person operating a fitness on the second floor of the D building in Busan Young-gu, Busan Metropolitan City (hereinafter “E”) with a trade name, and the plaintiff is the above heading member.
B. From March 7, 2013, the Plaintiff had registered as a member of the above fitness and engaged in an election campaign. At around 16:30 on April 4, 2013, the Plaintiff: (a) completed a campaign at the above helicopter and completed a shower program to enter the shower room located in it, and suffered an accident (hereinafter “the instant accident”) that goes beyond the front side of the shower room (hereinafter “the instant accident”) with the body of other members who completed the shower program to enter the shower room located in it.
C. The Plaintiff received first aid from a nearby dental hospital on the day when the Plaintiff suffered injuries, such as spawn, from four dental patients due to the foregoing accident, and received several treatments, such as spawn, in the same dental hospital until May 16, 2013.
On May 28, 2013, the Defendant paid 1,930,000 won to the Plaintiff for medical expenses.
[Reasons for Recognition] Uncontentious Facts, Gap 2, 3 evidence, Eul 1, and 2 evidence (including a serial number), the result of this court's commission of physical examination to the director of Busan University Hospital, the purport of the whole pleadings
2. The occurrence and scope of liability for damages;
(a) Defect in the installation and preservation of a structure for which liability for damages has arisen refers to the state that the structure does not have safety ordinarily in accordance with its use, and the installation and preservation of the structure has a high level of safety to the extent that it maintains the complete state at all times.
shall not be deemed to have any defect in the installation or preservation of the structure, but the installer or keeper of the structure shall be obliged to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
Supreme Court Decision 91Da37652 delivered on April 24, 1992