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(영문) 서울남부지방법원 2019.02.12 2017가단244782
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 5, 2016, the Plaintiff entered “C” operated by the Defendant, along with the landmen around 21:30 on November 5, 2016, and immediately thereafter went to the above Rab B’s toilet (hereinafter “instant toilet”).

B. While using the instant toilet, the Plaintiff suffered bodily injury, such as cutting the mouths on the left side of the instant toilet, which requires approximately eight weeks of medical treatment, while going beyond the floor.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 3-1, Eul evidence 1, and the purport of the whole pleadings.

2. Determination

A. The summary of the Plaintiff’s assertion (1) The Plaintiff: (a) reported the day of viewing at female toilets; and (b) returned to the right side of the entrance of male toilets, carried his hand on a cleaning agent at the front of the entrance of male toilets, and turn off the water at the top of a yellow-day square, and, at the same time, fell off on the stairs width at the entrance of male toilets; and (c) faced with the parts of the back head and neck on the wall, and suffered injury, such as the mouth, etc.

(2) The Defendant neglected his duty of care to prevent the customer from getting out of the toilets by removing water, damps, oil, etc. of the other floor of the toilet of this case as the operator of the above Rabbbb, and installing facilities for preventing the loss of the customer by attaching warning words, etc. inside the toilets. There is a defect in the installation and preservation of structures where the water source has not been removed on the floor of the toilet of this case without installing a drum prevention facilities.

(3) Therefore, the Defendant is liable to compensate the Plaintiff for damages and delay damages therefrom, which would be the remainder of KRW 33,767,183, which would be obtained by deducting 50% of the Plaintiff’s negligence from total of KRW 67,534,366, including the Plaintiff’s total medical expenses incurred by the instant accident, KRW 20,513,80, KRW 37,020, KRW 566, KRW 10,000, KRW 100,000.

B. We examine whether the liability for damages occurred, and arguments are made in evidence Nos. 8, 10, and 1.

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