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(영문) 서울서부지방법원 2018.12.12 2018가합35127

손해배상(기)

Text

1. The Defendant’s KRW 79,887,878 with respect to the Plaintiff and KRW 5% per annum from August 14, 2015 to December 12, 2018.

Reasons

Facts of recognition

On August 14, 2015, the Defendant requested the Plaintiff, an air conditioner installation engineer, to install air conditioners on the third floor D of Yongsan-gu Seoul Metropolitan Government building owned and residing by the Defendant (hereinafter “instant loan”).

While the Plaintiff installed an air-conditioning machine on the balcony with employees E and this case, the rail was separated from the outer wall of the building and felled together with the Plaintiff and E, and the Plaintiff suffered bodily injury, such as the thalle of the rash.

(hereinafter “instant accident.” The Plaintiff received KRW 20 million from F Co., Ltd. and KRW 4.5 million from G Co., Ltd. with respect to the injury inflicted by the instant accident.

[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 2, 3, 11, Eul's evidence Nos. 8 and 9 (including virtual numbers; hereinafter the same shall apply), and each fact-finding conducted on F Co., Ltd. with respect to G Co., Ltd., the plaintiff's assertion that the accident of this case occurred due to defects in the rail installed in the Ba of this case. Thus, although the defendant asserts that the plaintiff is responsible for the structure of Article 741 of the Civil Code, the defendant is the owner and possessor of the Ba of this case, the defendant is the owner and possessor of the Ba of rail installed in the Ba of this case, and the liability due to defects in the structure is the first possessor, it is reasonable to deem that the above assertion contained

Pursuant to this, the Plaintiff is obligated to compensate the Plaintiff for the lost income, medical expenses and consolation money.

According to the legal principles on the existence of liability for damages, when any damage is inflicted on another person due to a defect in the installation or preservation of a structure, the possessor of the structure is liable to compensate for the damage. The term "defect in the installation or preservation of a structure" refers to the situation where the structure does not have safety ordinarily according to its use.