1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Basic Facts

A. On August 31, 2015, at around 08:00, the Plaintiff was under pressured 1 in a public bath (trade name: D; hereinafter “instant private bath”) located on the Dong-gu and the first underground floor of Daejeon-gu Daejeon, Daejeon-gu, and the first underground level.

(hereinafter “instant accident”). The Plaintiff was female and was 60 years old at the time of the instant accident.

B. The Defendant acquired the instant letter or business from the former business operator of the instant letter or business (hereinafter “former business operator”) and continued to use the said “D” trade name, and operated the instant letter or business from September 11, 2015 to November 16, 2016.

The Defendant transferred the instant friendship or business to H around November 16, 2016.

[Ground of recognition] In the absence of dispute, Gap 1, 2, Eul 2, and 3 evidence, the plaintiff's argument and the summary of the plaintiff's argument as to the purport of the whole pleadings, the plaintiff's assertion that the plaintiff made a bath and opened the entrance to leave the bath room to the bath room, and the accident of this case occurred, which led to the wind that the bath room to the bath room to the end of the bath floor.

At the time of the instant accident, the instant friendship or the previous business operator had committed the following errors, which led to the occurrence of the instant accident.

The previous business operator is liable to compensate the Plaintiff and the Defendant continues to use the trade name as the business transferee of the instant letter or business. Therefore, the Plaintiff is liable to pay the amount to the Plaintiff pursuant to Article 42(1) of the Commercial Act.

The reinforcement glass close door, such as the entrance intending to be opened at the time of the instant accident, unlike the closed door or the automatic door, should be installed to open it. As such, there is a high risk that the reinforcement glass close door will be opened on the floor on which the water was installed, and it is likely that it will be cut off.

In consideration of these risks of accidents, the previous business operator, who is the operator or operator of the instant private letter or the instant business, should have been placed on the front floor of the sliding door which is a slided glass.

The previous business operator, which judged the existence of liability for damages, is now.