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(영문) 서울고등법원 2015.08.21 2014나2050270

손해배상(기)

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 23, 2013, D around 02:45, at the first floor of the U.S. building in Gangnam-gu Seoul Metropolitan Government, D sealed the deceased’s title on his hand, which was located in the door of the elevator 1 unit (hereinafter “the instant elevator”). As the lower part of the instant elevator’s door fell from the frame, there was an accident that the deceased fell from the frame, thereby falling off to the lower part of its passage (hereinafter “instant accident”).

B. On June 1, 2013, the Deceased died due to the instant accident, such as cerebral cerebral cerebral tymosis and pelvise, which had been receiving medical treatment at the Tol University Seoul Epia Hospital.

C. D. On May 1, 2014, the Seoul High Court Decision 2013No3900 Decided May 1, 2014 sentenced three years to imprisonment for the crime of assault, etc. resulting from the instant accident, and the said judgment became final and conclusive on May 9, 2014.

The defendant has been entrusted with the instant elevator management business by Hyundai Elevator Co., Ltd. which made, installed and checked the instant elevator in U.S. building, and managed the instant elevator.

E. The deceased’s heir is the Plaintiff B, A, and C, whose parent is the deceased.

【No dispute over the ground for recognition】No dispute over Gap, Gap’s evidence 1 through 5, 9 through 11 (including each number; hereinafter the same shall apply), Eul’s evidence 1, 2, 6, 7, Eul’s evidence 1, 2, 4, 5, 6, and 6, Eul’s each statement, Eul’s evidence 5, Eul’s evidence 7, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the plaintiffs' assertion is that the defendant neglected to maintain and manage the elevator of this case as a manager of the elevator of this case and caused the death of the deceased due to the negligence of neglecting to leave the entrance of the elevator of this case to the extent that people run away from the entrance of this case. The defendant is also liable to compensate the plaintiffs as joint tortfeasors with the above D and the owner of the elevator of this case.