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(영문) 서울동부지방법원 2021.01.08 2020가합101193
채무부존재확인
Text

On September 26, 2018, the Defendant is in the cover page restaurant for the operation of the Plaintiff, which is located in the Government-Si around 14:16 on September 26, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a public restaurant with a trade name, “D” in the Gu Government-si, and is a person who is a public restaurant with a cover bag (hereinafter “instant restaurant”).

B. On September 26, 2018, Defendant (E) was a guest who visited the restaurant of this case and returned to a place that contains food at around 14:16 on September 26, 2018, Defendant (E) passed the front path of the restaurant’s calculation unit, and the head, arms, etc. was faced with the floor, and the head, elbow, etc. was put up on the floor (hereinafter “the instant accident”). Accordingly, Defendant (E) suffered injuries, such as elbows, etc.

[Ground of recognition] Facts without dispute, Eul 1 and 2 evidence (where there are numbers on evidence, such indications are omitted; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. According to the evidence and the facts acknowledged as above, the location of the accident of this case where the defendant suffered the accident of this case was the passage for customers to move a food copor and a meal place, and the fact that the customer was sleeped by the floor at the time of the accident of this case was slicking, etc., which could be sleeped by the customer. Nevertheless, the fact that there was no surface handling or warning signs, etc. to prevent the slicking on the surface of the floor of this case, and that there was no measures to immediately remove the floor of this case, etc.

This constitutes a defect in the construction and preservation of the restaurant of this case, which constitutes a structure, and thus, the Plaintiff is liable to compensate for the damages suffered by the Defendant due to the defect in the above structure, as a compensation for damages under Article 758(1) of the Civil Act.

3. Scope of liability for damages

A. Comprehensively taking account of the overall purport of the arguments in the evidence evidence Nos. 2 and 3 of the Medical Fees No. 2 and the purport of the entire pleadings, the Defendant conducted the diagnosis of two copies, blue salt, etc. at Fa hospital, G hospital, H Hanwon, and I oriental medical hospital, etc. due to the instant accident from September 26, 2018 to December 4, 2019, on the date of the instant accident.

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