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1. Of the instant lawsuits, the part on the claim for expenses for physical assessment, 125,288 won and damages for delay shall be dismissed.
2...
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) C is a bath (hereinafter “instant bath”) with the trade name “Esure” in Kimhae-si D.
(1) The term “instant insurance contract” refers to an insurance contract under which the Defendant, the insured C, and the insurance period from August 10, 2016 to August 10, 2017 (hereinafter “instant insurance contract”) provides for statutory liability for damages (excluding fire and explosion) incurred to another person’s body and property due to an accident resulting from the performance of his/her duties arising from the use of a facility owned, used, or managed by the insured during the performance
(2) Around 20:00 on August 16, 2017, the Plaintiff suffered injury, such as the Plaintiff’s third son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son.
(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, each entry of Gap 2, 3, and 7 evidence (including partial numbers), or the purport of the whole pleadings.
B. Comprehensively taking account of the following circumstances acknowledged by the evidence adopted by the Defendant’s liability for damages, it is recognized that the instant accident occurred due to C’s failure to perform its duty of care to install and preserve the instant bath as an operator of the instant bath in proportion to the risk of the instant sports organization established at the instant bath.
Therefore, C is liable for damages to the Defendant pursuant to Article 750 or the former part of Article 758(1) of the Civil Act. Therefore, the Defendant, who is the insurer, is liable for damages incurred by the instant accident to the Plaintiff.
① In the instant bathing room, any person using the instant bathing room is in a position available to anyone.
(2) The method of use, directions for use, etc. shall be stated in the instant sports organization.