Text
1. The judgment of the court of first instance is modified as follows.
around 14:00 on January 7, 2017, operated by the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 7, 2017, the Defendant entered the “D” bath located in Ansan-si (hereinafter “instant bath”) operated by the Plaintiff on the following grounds: (a) around 13:45, the Defendant entered the bath.
B. On January 14, 2017, while using the instant bath, the Defendant suffered bodily injury, such as scarcitys and scarcitys, and scarcitys, by getting out of the floor of the instant bath at around 00.0.
(hereinafter the above accident is referred to as "the accident of this case"). 【The ground for recognition ] The fact that there is no dispute, Eul Nos. 1 through 4, 6, 7 (including branch numbers, if any; hereinafter the same shall apply), E's testimony and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. Defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. Determination of whether such safety requirements are met must be made on the basis of whether the installer or keeper of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
(See Supreme Court Decision 2008Da61615 Decided February 11, 2000, etc.). B.
The Plaintiff’s bathing ground of this case’s operation is likely to put water in the floor and influorent ingredients at all times due to its characteristics. As such, the Plaintiff managing the bathing ground of this case bears the duty of care to safely preserve and manage the facilities, such as installing an inner slive drum sign so that customers may not be forced to suffer from falling accidents by getting out of the floor, and installing facilities to prevent the slicking floor or cleaning the slick floor and fasting the slick floor with sewage.
C. However, each statement and image of evidence Nos. 6 through 10, testimony of witness E of the first instance court, fact inquiry results of the first instance court to the chief of the fire station, and the whole purport of arguments can be acknowledged.