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(영문) 서울중앙지방법원 2017.12.15 2015가단5367048

손해배상(기)

Text

1. The Defendant’s KRW 148,845,233 as well as the Plaintiff’s annual rate from May 25, 2015 to December 15, 2017.

Reasons

1. Basic facts

A. On May 24, 2015, the Plaintiff followed.

A person who has suffered an accident under paragraph (1), and the defendant is the owner of a D building (hereinafter referred to as "the building of this case") which is a four-story neighborhood living facility in Seongbuk-gu, Sungnam-si.

B. On May 24, 2015, at around 23:50 on the third floor of the instant building, the Plaintiff: (a) moved alcohol to a fire fighting unit in an emergency exit, along with drinking alcohol-friendly F; and (b) destroyed balcony out of the balcony to smoke tobacco; (c) the Plaintiff and F was cut down below 13 meters, and suffered bodily injury, such as blood transfusion, etc. in the light of the light-string in an open room.

(hereinafter “instant accident”).

C. As a result of the investigation, the investigative agency charged the relevant persons with the occurrence of the instant accident under the following circumstances.

1) While operating a screen golf course by leasing the fourth floor of the instant building on or around March 13, 201, G installed a balcony (160cc x 111cc x 117cc) which is a steel structure installed on the left side of the building in the process of expanding the screen golf course by leasing the third floor of the instant building, and thereafter, G installed a balcony on or around August 9, 2014 by requesting K to move the balcony to the left side of the building while restoring the third floor to its original state at the end of the lease term. 2) After then, H requested L to perform construction of a store interior interior line, while operating the instant third floor of the instant building, which is a hub store in the lower side of the building where G installed the balcony in the process of construction, and the space of the escape equipment, which is a fire hydrant, was designed to be a escape facility and the escape guide was posted on the wall of the building.

3. However, K performing the balcony construction is installed in the wall in the wall, cutting off the finishing materials of the wall in the wall, and the contact between the inside of the wall and the support part of the balcony rail is stample or folded with the wall.