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1. The Defendant’s KRW 2,00,000 as well as 5% per annum from November 4, 2014 to February 2, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a person who operates a D health club on the Gui-si C and 5 level, and the plaintiff was a member of the above health club.
B. On November 4, 2014, the Plaintiff completed a shower program to enter the shower room after completing the shower program at the shower club, and as a result, the Plaintiff was faced with the right string at the lower end of the shower room.
C. Due to the foregoing accident, the Plaintiff’s right-hand walk was cut, and the Plaintiff undergone an operation at the “E hospital” on November 4, 2014, and received hospitalized treatment at the pertinent hospital from November 4, 2014 to November 20, 2014, and received hospitalized treatment from “F fixed-type clinic” during the period from November 21, 2014 to January 20, 2015.
(1) The Defendant asserted that the Plaintiff’s hospitalization at “F Periodical”) cannot be deemed to have occurred from the above accident. However, in light of the fact that the Plaintiff was hospitalized in “F Periodical” on the day following the Plaintiff’s discharge from “E hospital,” the Plaintiff’s hospitalization at “F Periodical” was not deemed to have been long-term to the extent that the period of hospitalized treatment for 78 days is deemed to be unfair in light of the degree of the Plaintiff’s injury, and the Plaintiff’s proof No. 34 was not deemed to have been falsely prepared, the Defendant’s above assertion is without merit).
2. The defect in the establishment and preservation of a structure for which a liability for damages has arisen refers to a state in which a structure fails to meet the safety ordinarily required for its use, and the installation and preservation of a structure are not provided with a high level of safety enough to keep the state of completeness at all times;
the installation or preservation of a structure shall not be deemed to have any defect in the installation or preservation of the structure, but the installer or keeper of the structure shall be obliged to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
Supreme Court Decision 199Do448 delivered on April 2, 1992