1. On August 6, 2016, around 17:30 on August 6, 2016, the accident was caused by the Defendant’s dissatisfing from the building Kimhae-si and the D main points located in the fourth floor.

Facts of recognition

The Plaintiff is a person who operates a building in Kimhae-si and a "Dju shop" located in the fourth floor (hereinafter referred to as the "instant entertainment tavern").

On August 6, 2016, the Defendant, at around 17:30, when entering the instant entertainment tavern E, was trying to close the entrance, caused the Plaintiff to suffer injury, such as a duplicating the left part of the entrance (hereinafter referred to as the “instant accident”), which goes beyond the floor by cutting off the water strings without removing after cleaning the floor of the water strings (hereinafter referred to as the “instant accident”). As a result, the Defendant suffered injury, such as a duplicating the bar on the left part in need of medical treatment for 10 weeks.

F Co., Ltd. (hereinafter referred to as “F”) paid KRW 2,793,800,000 to the Defendant, in accordance with the G Insurance Agreement concluded with the Plaintiff, from February 14, 2017 to September 27, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 2, Eul evidence 11 (including branch numbers; hereinafter the same shall apply) and the plaintiff's assertion of the whole purport of the pleading as a whole, the plaintiff's accident of this case was caused beyond the married one, and there was no negligence by the plaintiff as to the occurrence of the above accident.

Even if the instant accident occurred due to negligence in which the Plaintiff failed to remove the floor’s water source, the Defendant was under the influence of alcohol and reported plastic slots easily to be dissipated, so the amount of damages to be compensated by the Plaintiff due to the instant accident ought to be considered as above’s negligence.

In addition, the Defendant received insurance money of KRW 2,793,800 from F that entered into an insurance contract with the Plaintiff due to the instant accident. Considering this point, the Plaintiff’s damage liability against the Defendant remains in excess of KRW 500,000.

Since the Defendant’s entertainment tavern is a place where drunk guests are likely to go beyond the floor, the Plaintiff operating the said entertainment tavern has a duty of care to manage the floor so as not to be slick.