손해배상(기)
1. The Defendant: (a) KRW 26,971,10 for the Plaintiff and the Plaintiff’s KRW 5% per annum from May 28, 2013 to June 16, 2014; and (b) June 17, 2014.
1. Facts of recognition;
A. The plaintiff is the tenant of the 107-dong 501, and the defendant is the council of occupants' representatives of the apartment of this case.
B. On May 28, 2013, at around 11:40, the Plaintiff suffered from an accident (hereinafter referred to as “instant accident”) resulting in the crashing of the top top part of the Washington, which was installed at the apartment house located in the instant apartment complex, with approximately 12 weeks of treatment. As a result, the Plaintiff sustained injury, such as spine (number 5 and 12, Nos. 3, 3, 4, 5, 5, and 12), cupage (No. 3, and 4).
C. The instant accident occurred after the instant accident was confirmed as a result of the investigation, because the instant accident was fixed as a shorter length, as it was connected to the bearing wall, via a joint board attached to the surface of the bearing wall by the scambling team.
From May 28, 2013 to May 18, 2014, the Plaintiff paid a total of KRW 15,983,510 for medical treatment expenses, upon receiving hospitalized treatment from May 28, 2013 to May 18, 2014. The Plaintiff purchased KRW 387,600 for goods necessary for hospital treatment, such as diaper for adults. From May 28, 2013 to July 22, 2013, the Plaintiff paid KRW 5,60,000 for nursing expenses for 56 days.
[Reasons for Recognition: Each entry in Gap evidence (including partial numbers), the purport of the whole pleadings]
2. Recognition of liability for damages;
A. According to the above facts, it can be acknowledged that there was a defect in the installation of a structure fixing a vessel only with a bearing wall which is difficult to check the load without a bearing wall, even though it is necessary to fix the load in a lower length so that the load can withstanding the load, and the accident of this case is caused by such defect. Thus, since the accident of this case is deemed to be caused by the possession of the building in which the fleet is established, the defendant, as the possessor of the structure, is liable to compensate for the damages suffered by the plaintiff under the main sentence of Article 758(1) of the Civil Act.