(영문) 대구지방법원 2019.01.24 2017가합206933

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(영문) 대구지방법원 2019.01.24 2017가합206933

채무부존재확인

Text

1. In relation to the accident stated in the separate sheet, there is no obligation to pay the Plaintiff’s damages to the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is running a restaurant business with the trade name of “D” in Daegu Suwon-gu C. At the gate of the said restaurant, stairs (hereinafter “instant stairs”) are installed on the gate of the said restaurant, and the Switzerland part of each group is fixed to Bari by the Switzerland lease prevention facilities.

B. At around 13:00 on May 6, 2017, the Defendant: (a) provided meals at the above restaurant; and (b) went beyond the entrance while leaving the instant stairs; and (c) sustained injury, such as the left-hand slot box, the left-hand straw, and the straw on the left-hand straw.

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, Gap evidence 1 (including paper numbers), the purport of the entire pleadings.

2. Summary of the parties’ assertion

A. The main points of the Plaintiff’s assertion are safety facilities installed in the instant stairs to prevent the occurrence of accidents caused by the slicking of customers, which are ordinarily equipped with safety. Thus, there is no liability for damages against the Defendant due to the instant accident.

B. The main point of the defendant's assertion is that the facilities installed by the plaintiff on the stairs of this case are installed by the plaintiff, protruding out to the stairs as much as the thickness (four meters), and they are constructed in order to supplement it. However, according to the use of stairs of people, there is a lack of safety to be equipped with ordinary equipment, such as protruding out (8 meters) above the thickness, by exposing out or fixing a protruding part differently from the actual container according to the use of stairs of people. Accordingly, there is a defect in the installation and preservation as above in the facilities installed by the plaintiff, and the defendant suffered damage from the accident of this case, so the plaintiff is liable to compensate the defendant for the damage caused thereby.

3. Relevant principles.

A. In a lawsuit seeking confirmation of existence of a pecuniary obligation, the Plaintiff, the obligor, specifies the claim first.

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