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(영문) 수원지방법원 2017.08.08 2016가합84265

손해배상(기)

Text

1. The Plaintiff’s liability for damages against the Defendant in connection with an accident described in the attached Form shall not exceed KRW 2,00,000.

Reasons

1. Basic facts

A. On June 5, 2016, around 15:30 on June 5, 2016, the Defendant was involved in an accident where the stairs of steel agents entering a bath coolant were caught (hereinafter “instant accident”).

B. The Defendant, due to the instant accident, received hospitalized treatment, such as feling, etc., at the Gelim University East Asian Hospital from June 5, 2016 to June 20 of the same month, due to the damage to the right-hand Amick lines and the heat injury.

【Fact- without dispute over the ground for recognition, Gap evidence 1, 2-1 and 2-2, or the purport of the whole pleadings

2. Determination

A. The occurrence of liability for damages and limitation 1) The defects in the installation and preservation of a structure under Article 758(1) of the Civil Act, which are referred to in the Civil Act, refer to the state in which the structure does not have safety ordinarily according to its purpose of use. In determining whether such safety is satisfied, it shall be determined on the basis of whether the installer and custodian of the structure, in proportion to the risk of the structure, has fulfilled the duty to take protective measures to the extent generally required by social norms (see, e.g., Supreme Court Decision 94Da16328, Oct. 28, 1994). Further, an accident due to a defect in the installation or preservation of a structure, does not refer only to a case in which only the defect in the installation or preservation of the structure causes damages, and even if the damage occurred in combination with other third party’s act, it shall be deemed that the defect in the installation or preservation of the structure occurred as one of the joint causes (see, e.g., Supreme Court Decision 200Da131397, Jun. 28, 2007).