beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a person who operates and manages D'D' (hereinafter referred to as the "D's bath's bath of this case) in Jeonju-si C.
B. On October 1, 2012, the Plaintiff suffered bodily injury (hereinafter “the instant injury”) since he was taking a bath at the instant bath around 1, 2012.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. Determination as to the cause of claim
A. The Plaintiff’s assertion was made by taking a stone for the removal of each quality on the floor of the instant bath, which led to the injury of the instant bath. This was caused by negligence in which the Defendant did not fix the stone for the removal of each quality or set the location to prevent the customer from taking measures, or due to the defect in the instant bath facilities. As such, the Defendant should compensate the Plaintiff for the damages sustained by the Plaintiff (i.e., positive damages of KRW 24,311,219 (i.e., KRW 4,281,061 passive damages of KRW 15,030,158).
B. 1) First, there is not sufficient evidence to acknowledge that the Plaintiff suffered injury in the instant bath by taking a stone for removing the quality in the instant bath by itself on the sole basis of the statement No. 3-1 and No. 2, and there is no other evidence to acknowledge this. Accordingly, the Plaintiff’s allegation in this part is not acceptable. In addition, the defect in the installation and preservation of a structure refers to the state in which a structure is in a state in which it is not equipped with safety ordinarily required for its use. In addition, the installation and preservation of a structure did not meet a high level of safety to the extent that it maintains the complete condition at all times.
Since it cannot be said that there is a defect in the installation or preservation of the structure, the degree of duty to take protective measures imposed on the installer or keeper of the structure refers to the degree of the risk of the structure that is generally required by social norms in proportion to the risk of the structure, and Supreme Court Decision 24 delivered on April 24, 192.