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.

1. On June 11, 2013, the Plaintiff asserted that the Plaintiff suffered injury to the left side part of the slots section, etc. by taking the water equipment on the floor of the instant restaurant (hereinafter referred to as “D”) with the name of the Defendant’s “D” (hereinafter referred to as the “instant restaurant”).

The Defendant, as an operator of the instant restaurant, bears the duty of protection under the good faith principle to consider the safety of the customer by providing safe and comfortable restaurant-related facilities that are not dangerous to the customer. As such, the Defendant is liable for nonperformance due to incomplete performance in a case where the Defendant violated this principle and thereby inflicted damage on the customer.

(E) The Defendant, while transporting alcoholic boxes, sustained a large amount of rainwater on the restaurant floor of this case, left water at the floor, so he neglected to remove the water, thereby causing injury to the Plaintiff. Therefore, the Defendant is liable to compensate for the damages caused by this.

2. Determination

A. A person operating a restaurant which is a public entertainment business must provide safe and sanitary food, as well as also bear the duty to protect customers by providing the restaurant and related facilities, which are places that provide food, in a safe and comfortable state without danger.

This obligation is an incidental obligation recognized under the good faith principle, taking into account the specificity of a restaurant service contract, and a restaurant operator is liable for nonperformance due to incomplete performance when it causes damage to a customer by infringing on his/her life and body.

In such cases, the plaintiff, the victim, shall assert and prove the existence of specific duty of protection and the fact of the violation, and the defendant, the restaurant business operator, has no negligence on his/her own with respect to the default as in ordinary defaults.