손해배상 청구의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On February 29, 2016, the D Management Office: (a) designated the insured as a D Management Office; and (b) concluded a contract for business compensation liability insurance with a special terms and conditions-based owner (hereinafter “instant insurance contract”) from March 19, 2016 to March 19, 2017, by designating the period of insurance as the D Management Office.
B. On May 17, 2016, Plaintiff A (Es and 1st grade of elementary school) suffered an accident in which the right hand kids on the right hand, human body, and neal damage were inflicted on the part of the Plaintiff during the course of boarding the Switzerland, Seo-gu, Daejeon (hereinafter “instant shopping mall”) with the second to third floor, which is owned and possessed by the D Management Office (hereinafter “instant shopping mall”). As such, Plaintiff A (Es and 1 grade of elementary school”) suffered an injury on the part of the Plaintiff, while maintaining the balance between the sacker’s stack and the registration plate for the establishment of the headquarters of the instant Switzerland, during the course of boarding the sacking to the third floor (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 7, Eul evidence 4-1, 2-2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The fourth floor of the instant commercial building asserted by the Plaintiffs did not take protective measures, such as installation of safety signs or appointment of safety supervisors, despite their frequent use in the private teaching institutes, and the gaps between the labels and sackers of the instant escalators should not be maintained at a level of not more than 4m in each aspect. Since the instant accident occurred in excess of 31.5m/mination at a rated speed, the management office is liable to compensate the damages suffered by the Plaintiff B and C, the parent of the Plaintiff and the Plaintiff, due to the defect in the installation and preservation as the occupant and owner of the instant escalator.
Since the instant accident occurred within the insurance period of the instant insurance, the Defendant, the insurer of the instant insurance, is liable to compensate the Plaintiffs for the damages incurred by the instant accident.
(b) related;