1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is operating a food restaurant with the trade name of “D” (hereinafter “instant restaurant”) among Class 2 neighborhood living facilities on the second floor in Daegu Northern-gu, and two parcels of land (hereinafter “instant building”).

B. At around 22:00 on July 2, 2018, the Plaintiff was faced with the instant restaurant’s injury (hereinafter “instant accident”) by getting out of the entrance the entrance and getting out of the stairs installed in front of the entrance, and continuously turning out under stairs, resulting in the Plaintiff’s injury of “the mouths of the sloping pelkes accompanied by a non-alley, and the sediment of the closed bridge.”

C. At the time of the instant accident, there was an error.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 11 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion is the person in charge of possession and management of the restaurant of this case, and it can be anticipated that the guest who uses the restaurant of this case can sleeps in front of the entrance of the restaurant of this case. Thus, in order to prevent such accident, measures should be taken to prevent accidents, such as installing a slick prevention drum, etc., to prevent it, and thus, the plaintiff was negligent in performing his duty to install and preserve the facility of this case, and thus, the plaintiff was subject to the accident of this case.

Therefore, the Defendant is liable to compensate the Plaintiff for damages incurred due to the instant accident under Article 758 of the Civil Act. As such, the Defendant is obligated to pay the total amount of damages KRW 28,906,394 (the retirement allowance of KRW 11,00,000 in the daily retirement allowance of KRW 600,000 in the daily retirement allowance of KRW 3,158,694 in the future medical expenses of KRW 8,147,70 in the future medical expenses of KRW 8,147,00 in the future), and the damages for delay.

B. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act is the structure.