1. The Plaintiff (Counterclaim Defendant)’s obligation to pay damages to the Defendant (Counterclaim Plaintiff) based on an accident indicated in the attached Form.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person running a public bath business with a trade name, called “D History,” from 3 to 4th floor of the Seo-gu in Gwangju-gu.

B. At around 12:00 on December 15, 2018, the Defendant: (a) went beyond the spatum base, brain-dead spatum, spatum base, thalvine, and 6th blood spatum, etc. (hereinafter “instant accident”); and (b) was escorted to E Hospital via the 119 emergency squad around 12:36,00 on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1-1, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant entered the bath in the instant bath and went back to the bath.

As a result, an injury was incurred while exceeding the floor with a drum, and the floor of the bath of this case was slicked, and did not incur an injury as it goes beyond the floor of the bath of this case.

Therefore, it cannot be said that the above injury was caused by the defect in the installation, management, and preservation of the Plaintiff’s facilities, and thus, the Plaintiff sought confirmation that the Defendant does not have any obligation to pay damages to the Defendant based on the instant accident.

B. The Plaintiff did not install a dump prevention facility on the floor of the instant bath, and neglected to remove these materials, such as water fixtures on the floor without properly removing them. Accordingly, the Defendant was subjected to the instant accident that caused the injury by getting out of the floor of the instant bath, and thus, the injury suffered by the Defendant was due to the defect in the installation, management, and preservation of the Plaintiff’s facilities.

Therefore, the Plaintiff is obligated to compensate the Defendant for the damages incurred due to tort (i.e., medical expenses of KRW 5,285,760,000 and damages for delay of KRW 5,285,760).

3. Determination

(a)each description or image of Gap evidence 3, 4, and 6 (including branch numbers for those with serial numbers; hereinafter the same shall apply) and this Court;