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(영문) 창원지방법원통영지원 2015.05.12 2013가단13695
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 14, 2009, the summary of the Plaintiff’s assertion was accommodated in the D hotel 202 room located in Gyeongnam-gun, Gyeongnam-gun, the Defendant operated, and around 21:00 on the same day, the Plaintiff was faced with a shower inside the bathing tank in the toilet, and the shot part was cut off, and the shot part was faced with the lower part of the lower part of the plastic bath, and the instant head was faced with the floor of the shot part.

This is an accident caused by the defect in which the part part of the floor of the bathing tank managed by the defendant cannot function properly to prevent the sodrum from being worn out. Accordingly, the plaintiff suffered bodily injury such as spine damage caused by spine pressure Nos. 3/4, 4/5 in the vertebrate Nos. 9/10 in the verteum Nos. 3/4, 4/5 in the verteum Nos. 3/4 and 5 in the vertece, and spine pressure.

Therefore, from September 21, 2009 to December 20, 2013, the Defendant is obligated to pay to the Plaintiff the sum of the expenses incurred in receiving medical treatment at the E-type hospital, Gansan Hospital, Ganam Hospital, Ganam University Hospital, Ganambaum Hospital, East-dong Hospital, Love Hospital, Love Hospital, Long-Term Care Hospital, Korea Light Image Institute, Korea Light Image Institute, and E-Saman Hospital, and delay damages therefrom.

(The plaintiff explicitly reserved the claim against the future expenses for future affirmative damages, the lost income corresponding to passive damages, and the consolation money, and sought only compensation for active damages already occurred).2.

A. Comprehensively taking account of the statement No. 1, the witness F’s testimony, and the overall purport of the pleading, the fact that the Plaintiff was accommodated in the D hotel No. 202 room located in Gyeongnam-gun, Gyeongsung-gun, in the operation of the Defendant on September 14, 2009, and the Plaintiff’s accident that occurred while going beyond the shower inside the toilet around September 21, 2009 (hereinafter “instant accident”) is recognized.

B. Accordingly, as to whether the instant accident was caused by the defect in the bath in the guest room managed by the Defendant, it is necessary to install and preserve the health room and the structure under Article 758(1) of the Civil Act.

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