손해배상(기)
1. Defendant B’s KRW 40,000,000 as well as 5% per annum from May 11, 2012 to August 11, 2017 to the Plaintiff.
1. Basic facts
A. In the building located in Dongdaemun-gu Seoul, Dongdaemun-gu, and F, Defendant C, and D, there is an elevator for vehicles to move from the first floor parking lot to the second floor parking lot underground (hereinafter “instant elevator”).
B. Around April 30, 2005, Defendant C and D leased the above 1 and 2 floors underground including the instant elevator to Defendant B, and B occupied and managed the above 1 and 2 floors underground by January 2015.
C. The second underground floor of the above building was used as a logistics warehouse from September 201, and the instant elevator was used for the purpose of transporting freight from the first underground floor to the second underground floor from that time.
On May 11, 2012, the Plaintiff was involved in an accident that was cut off by the lines of the instant elevator and crashed into the second underground floor (hereinafter “instant accident”) while loading freight to the instant elevator on the 1st underground floor and cutting down the instant elevator with the second underground floor. Accordingly, the Plaintiff suffered injury, such as pulververververization.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Defendant B, as the possessor of the first and second floor underground of the building in Dongdaemun-gu, Seoul, is liable for the damages incurred by the Plaintiff due to the instant accident that occurred due to defects in the installation and preservation of the elevator installed in the above building (i.e., KRW 189,677,211 for the damages incurred by the said Defendant (i.e., KRW 162,939,32 for the damages incurred by the said Defendant (i.e., KRW 11,992, KRW 40,360 for the future treatment costs of KRW 11,92, KRW 1490 for the damages incurred by the said Defendant).
Preliminaryly, Defendant C and D, the owner of the above building, are liable for the defects of the elevator of this case pursuant to the proviso of Article 758(1) of the Civil Act. The Plaintiff suffered from the said Defendants due to the instant accident.