beta
(영문) 부산지방법원 2018.06.08 2017가단319169

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 15, 2016, the Plaintiff driven a vehicle at around 20:00, and entered the mechanical parking lot (hereinafter “instant parking lot”) of “C” Condominium located in Seo-gu, Busan (hereinafter “instant building”) into the Seo-gu, Seo-gu, Busan (hereinafter “instant parking lot”) and parked on the parking machine to the front side of the vehicle, and was faced with an accident falling under approximately three meters below the parking machine’s floor (hereinafter “instant accident”).

B. On January 10, 2013, D entered into a parking facility contract (hereinafter “instant facility contract”) with the manager of the instant building (hereinafter “manager”), under which KRW 90,000 is to be paid monthly in return for regular inspections and emergency A/S once a month with respect to the parking facilities in the instant parking lot (hereinafter “the instant parking facility contract”). At the same time, D agreed to ensure that the instant parking facility contract takes full charge of the prevention of safety accidents by thoroughly conducting regular inspections of the parking facilities, and that the manager is responsible for the possession or management of the parking facilities in the instant parking lot, and is exempt from accidents caused by the manager’s care care or care for use.

C. On March 31, 2016, the Defendant entered into a contract for product liability insurance (hereinafter “instant insurance contract”) with D, the insurance period of which is set from 00:00 to 00:00 on March 31, 2017, and the maximum amount of compensation per accident is KRW 300,000,000.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant accident occurred due to the following reasons, and the negligence or manager of the instant parking lot, which is a maintenance business entity of the parking facilities in the instant parking lot, does not recommend the installation of a fall prevention device, etc. under the D’s facility contract.