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(영문) 창원지방법원 2017.07.20 2016가단104374
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B’s status as the parties is an insurer who operated D (hereinafter “instant bath”) at the window C of Changwon-si, and Defendant Matz and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) concluded a business liability insurance policy with Defendant B.

B. (1) On February 1, 2015, the Plaintiff entered the instant bath operated by Defendant B on or around 10:41, and went out of the bath, and the Plaintiff was dissatisfyed in the process of implementing the external test for the establishment and utilization of the bathing outside the bath to take place outside the bath, and the Plaintiff was under pressured pressured alleys, etc. (hereinafter “instant accident”).

2) At the time of the instant accident, the Plaintiff received the said accident report to the Changwon-si E 119 Safety Center, and the Plaintiff was transferred to the Changwon-si Hospital on February 1, 2015.

C. Defendant B entered into an insurance contract with the Defendant Company with respect to the business accidents that occur in the instant bath (hereinafter “instant insurance contract”) and stipulated the maximum amount of compensation per capita and per unit, respectively, as KRW 10,000,000 per insurance period, and as from April 16, 2014 to April 16, 2015 (hereinafter “instant insurance contract”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including additional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted by the parties 1 Plaintiff, the public bath operator, as well as the sanitary and safe management of the business management facilities and equipment to prevent users from suffering from an accident that may be caused during bathing, but Defendant B failed to perform his duty of care for safety of customers, such as preventing the collapse of the bathing floor of this case, the bathing bath management, and the installation of a signboard for “slaterism”, and caused the instant accident.

Therefore, Defendant B is liable for damages caused by tort, and Defendant Company is liable for damages.

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