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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Defendant is a corporation with the purpose of tourist-use facility business, etc., which is operating C (hereinafter “instant golf course”), and the Plaintiff is a person who used the instant golf course.
나. 원고는 2018. 6. 20. 12:00경 이 사건 골프장을 방문하여 골프치기 전 피고 직원이 지정해 준 락커에 시가 688만 원 상당의 샤넬 핸드백(이하 ‘이 사건 피해품’이라 한다)을 넣어두었는데, 골프를 마치고 돌아와 보니 이 사건 피해품이 도난당하여 사라진 상태였다.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 2, and Eul evidence 2, the result of commissioning the delivery of documents to the conflict police station of the first instance, the purport of the whole pleadings
2. The Defendant employees of the gist of the Plaintiff’s claim neglected the management of the instant golf course facilities, such as neglecting to confirm himself/herself if the customer opens a sacker door and opened a sacker. Accordingly, the Plaintiff suffered damages caused by theft.
Therefore, the Defendant, as the operator of the instant golf course, is liable for damages sustained by the Plaintiff pursuant to Article 152(1) of the Commercial Act or Article 756 of the Civil Act as the user of the instant golf course.
3. Determination
A. Determination as to the claim under Article 152(1) of the Commercial Act (see, e.g., Supreme Court Decision 91Da21800, Feb. 11, 1992). If a public entertainment businessman does not prove that his/her or his/her employees have not been negligent in giving due attention to the custody of any article deposited by his/her customers, he/she is liable to compensate for the damage caused by the loss or damage of such article (see, e.g., Article 152(1) of the Commercial Act). In order to establish a deposit, there is a need for an express or implied agreement between a public entertainment businessman and his/her guest to bear the obligation to preserve an article within his/her control (see, e., Supreme Court