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(영문) 광주지방법원 2019.05.02 2018나62071
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

From July 19, 2007, the defendant is a corporation established with the main business purpose of large-scale discount management, sales of necessities for daily life, etc., and operated the "D store" on the 7th floor and the 1st underground floor of Gwangju-gu, Nam-gu, and the 1st underground floor.

On January 20, 2015, at around 14:40, to 15:00, the Plaintiff contained food in shopping bags kept by the Defendant for customers at the 1st floor underground stores of D stores, and moved to the first floor of the ground by using ice-sprink type machinery and apparatus designed for the convenience of movement in slope ways, etc. (hereinafter “instant non-sprink”).

At the time, there was a woman boarding the front of the plaintiff, but around the time when the above woman reached the first floor of the ground following the movement of ice, the wheel chairs's wheeler could not move from the top floor of the ground level to the top floor of the ice ice, and the plaintiff continued the ice ice, following the continuation of this case's ice ice.

Ultimately, the plaintiff's shopping wheelchairs and electric wheelchairs faced with the last part of the ice-free workshop, which goes beyond the first floor above the ground floor, and the instant ice-free workshop continued to stand, but the electric wheelchairs and shopping wheelchairs still did not move with the last part of the ice-free workshop.

Accordingly, the plaintiff attempted to go away through a narrow space adjacent to the shopping mall, and during that process, electric wheel chairss go unfolded in the future. The plaintiff has lost balance and exceeded the floor of the first floor above the ground level.

(hereinafter “instant accident.” From January 21, 2015, the day following the instant accident, the Plaintiff saw a pain on the right pel part, and received a pain treatment at a F Hospital located in Nam-gu, Gwangju. On February 25, 2015, the Plaintiff visited the vertebrate Hospital Center to diagnose the vertebrate pelume.

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