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(영문) 서울남부지방법원 2019.08.23 2018가단18041
손해배상(기)
Text

1. The Defendant’s KRW 11,719,017 as well as the Plaintiff’s annual rate of 5% from September 15, 2018 to August 23, 2019.

Reasons

1. Facts of recognition;

A. The Defendant is operating a bath in Geumcheon-gu Seoul Metropolitan Government (hereinafter, referred to as the “instant bath”).

B. On January 7, 2018, at around 19:30, the Plaintiff suffered injury from the Plaintiff’s appearance of the instant bath room, following the use of the rain room in the bath room and opening the door out of the sacrine room, and due to the water hole located in the front stairs of the entrance, and thereby, the Plaintiff sustained the Plaintiff’s sacrife base and tension, the frameworks of the sacrife, the sacrife of the sacrine, and the sacrife, etc. in the open two rooms.

(hereinafter referred to as "the accident of this case")

The above shooting room was installed one of the substitute stairs (one height of about 21 cm) between the bathing floor and the shooting room entrance due to the height of its location. However, at the time of the accident of this case, the above stairs did not have a gate for the prevention of the slick, etc. on the floor of the above stairs at the time of the accident of this case, and after the accident of this case, the defendant replaced the stairs floor with a more strong material substitute for the prevention of the slick.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-1, 2-2, Gap evidence 4, 5, 6, Eul evidence 1, Eul evidence 2, Eul evidence 2-2, the video of Eul evidence 2, and the purport of the whole pleadings

2. According to the facts of the recognition of the liability for damages, the defendant is a business owner running a public bath, and the defendant is responsible for compensating the plaintiff for the damages suffered by the plaintiff due to the accident in this case, since he neglected such duty of care to prevent customers who use the public bath room from falling down on the floor of the stairs or from falling down the floor in order to prevent them from falling down on the front stairs of the entrance. The defendant is liable for compensating the plaintiff for the damages caused by the accident in this case.

However, the plaintiff can not have any level of water on the floor of the ordinary bath, so the plaintiff is within the bath of this case.

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