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(영문) 부산지방법원서부지원 2019.02.19 2017가단105669

손해배상(기)

Text

1. The Defendant: (a) from May 28, 2017 to Plaintiff A, the amount of KRW 10,000,000 for each of the said KRW 37,947,381, Plaintiff B, and C.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings at each video of Gap evidence Nos. 3, evidence No. 4-1 to 5, and evidence No. 7-1 to 15:

Around 15:00 on May 28, 2017, Non-party D (hereinafter referred to as “the network”), as an engineer installing a air-conditioning unit, installed the air-conditioning unit on the said rail in order to install the air-conditioning unit (weight of approximately 50 km to prevent people from falling, fixed on both sides of the large-type external wall) in a large outdoor safe interscept (one to prevent people from falling) (one to two sides of the outer wall), and laid the said line in the inside, after which he loaded the air-conditioning unit. However, at around 12 mm in the wall of the said rail, he fell and died while the steering unit was anchored, which was fixed on the wall of the said rail (one2mmm in length), and then cut off on the deceased’s wind, leaving the entire part away.

(hereinafter “instant accident”). (b)

The defendant is the owner of the above building. Although the above building is a detached house on the register, it is a multi-household house or multi-household house in fact, the defendant leases part of the building to the total nine households.

2. Occurrence of liability for damages;

A. According to the facts of recognition of liability, since the defendant leased part of it to others as the owner of the above building, it is in the position of a direct possessor as to the outer wall of the building which is the common area and the safety column installed thereby. Even if it is inappropriate to install the air-conditioning machine on the above rail, if the air-conditioning machine was not in weight and the weight of air-conditioning machine, which is merely about 50 km, and the rail was left away without being in weight, there was a defect in the above outer wall or the above rail. Accordingly, the defendant is a direct possessor of the above outer wall and the rail, and the accident in this case occurred due to the defect in outer wall or rail pursuant to Article 758(1) of the Civil Act.