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1. The Plaintiff (Counterclaim Defendant) paid KRW 2,233,503 to the Defendant (Counterclaim Plaintiff) and against this, from January 8, 2016 to October 18, 2017.
Reasons
[This lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim]
1. Basic facts
A. The Plaintiff is operating a restaurant with the trade name, “dibur-based low-level,” located in the Dicves City located in Guro-gu Seoul Metropolitan Government 662.
B. On January 8, 2016, at around 19:00, the Defendant suffered an accident (hereinafter “instant accident”) resulting in damage on the left-hand left-hand side of the music disorder caused by the shocking wind of foreign materials generated from food while running a meal by ordering roasting sea rospeded boomed booming, which was ordered by the above restaurant (hereinafter “this case”).
C. On January 25, 2016, the Defendant: (a) launched the instant pathy; (b) laid the pathy on June 28, 2016; and (c) was paid KRW 2,100,000 from the Plaintiff Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tho Fire”), a non-life insurance company (hereinafter “the Plaintiff”), for medical expenses.
[Reasons for Recognition] The absence of dispute, entry of Eul evidence 1, B dental clinic, response of each document submitted by a dental college hospital at school foundation, dental college hospital at school, and the purport of the whole pleadings
2. In the order of the parties' arguments and determination, the plaintiff is claiming that the accident of this case occurred with the Defendant's incidental wind, which is a food material, so there is no responsibility for the plaintiff, and even if the plaintiff's liability is recognized to be the plaintiff, the ratio of the plaintiff's liability shall not exceed 30% considering the defendant's father's care and the defendant's evidence. Since the defendant already paid the amount exceeding the plaintiff's liability ratio from the insurance company as medical expenses and all damages were compensated, the plaintiff is not liable for damages, and it is claiming confirmation of the existence of the obligation as the principal claim.
In this regard, the defendant suffered from the food produced by the plaintiff that caused damage to the child of the defendant, and caused property and mental damage. Therefore, the plaintiff claimed that the defendant should pay the total amount of KRW 19,685,109 to the defendant, and filed a counterclaim.
Therefore, it is true.