1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On June 3, 2014, around 11:30 on June 3, 2014, the Plaintiff cut Chewing foreign substances, which were contained in the restaurant called “C” operated by the Defendant, while sprinking root years.

(hereinafter “instant accident”). (b)

On June 9, 2014, the Plaintiff visited Dental department to receive a diagnosis of “patto-patosis” and received a therapy after the relevant hospital’s dental treatment.

The Plaintiff spent 50,000 won as medical expenses until now in relation to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the above liability for damages, the defendant is liable for damages as a person operating a restaurant, who has neglected his/her duty of care to prevent foreign substances from entering food, and caused the plaintiff, the customer, due to negligence, to have the plaintiff, the customer, suffered from the injury of the path of the path due diligence

B. However, the limitation of liability: (a) the Plaintiff had the record of treating the instant accident several times from D values before the instant accident occurred to November 9, 2013, from D values before the occurrence of the instant accident, such as “refluoring of a steel scrap,” “refluoring of a temporary antipath,” “refluoring,” etc. (Evidence A No. 3); (b) the Plaintiff’s above-mentioned state became the cause of the occurrence and expansion of the damage caused by the instant accident.

In addition, from the perspective of fairness, it is reasonable to limit the defendant's liability to 60% in light of the circumstances revealed in the argument of this case, such as the background and result of the accident of this case.

(c) Scope of damages (1) : 330,00 won (550,00 won for medical expenses paid by the plaintiff x 60%) (2) : 50,000 won (the cause or circumstance of the accident in this case, the part and degree of the injury suffered by the plaintiff , the treatment period, etc.) and more than 380,00 won (3.50,000 won) in total;

3. Accordingly, the defendant seeks 380,000 won as compensation for damages and the plaintiff's claim therefor.