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(영문) 부산지방법원 2014.05.09 2013가단35852
손해배상(기)
Text

1. The defendant is about KRW 9,308,046 to the plaintiff A, KRW 1,277,294 to the plaintiff C, and KRW 500,00 to the plaintiff B, respectively.

Reasons

1. On February 1, 2013, Plaintiff B and C, who was a child, started with Plaintiff A, who was a child, at the lowest of February 1, 2013, on the “E” restaurant located in Busan Seo-gu, Busan (hereinafter “instant restaurant”).

Plaintiff

A, around 21:30, while playing at the play room inside the restaurant of this case, was turned out from the mast floor at the entrance of the entrance of the play room, and was faced with the injury of the sphere and the sphere of the sphere at a level of 2 cm, and the sphere of the 1st and the sphere of the left sphere of the 1st and the sphere of the sphere

(hereinafter “instant accident”). The floor of Mabro, which Plaintiff A exceeded, is a leaptable material called polyphishing. The Defendant’s female employees F was in the state of holding the 22:00 square meters prior to the closure time of the instant restaurant and washing the water in the middle of the water.

(C) Facts without any dispute, Gap 3, 4, 6 evidence, Eul 1, 2, 4 evidence, and the purport of the whole pleadings). According to the above facts, the accident of this case is deemed to have occurred due to the negligence that the defendant's employee F was negligent in cleaning the floor of the entrance of the play room at which the plaintiff's employee F was not able to exercise due care during the restaurant business hours, even if he clean up the floor at the entrance of the play room and did not immediately remove the water immediately. Thus, the defendant is liable for the employer's negligence in managing and supervising the F

Therefore, the defendant is liable for compensating the plaintiffs for damages caused by the accident of this case.

2. The instant accident subject to limitation of liability is an accident that is difficult to occur without competition with the negligence of the Plaintiff A, who is the victim. However, the Defendant’s liability is limited to 70% of the total damages, taking into account the fact that the instant accident occurred within the time and space that may affect Plaintiff B and C, who is the guardian of the Plaintiff A, and the extent and degree of the injury and the after disability, and other various circumstances shown in the argument of the instant case.

3. The attached table of calculation of damages, except as otherwise stated below within the scope of damages.

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