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(영문) 서울중앙지방법원 2018.07.11 2015가단5334376

보험금

Text

1. The Defendant’s KRW 67,922,812 for the Plaintiff and its related KRW 5% per annum from December 14, 2012 to July 11, 2018.

Reasons

1. Facts of recognition;

A. On December 14, 2012, the Plaintiff was a resident of Yongsan-si B apartment (hereinafter “instant apartment”) 101 Dong 1801, and was suffering from the fluorization of the fluor of the fluor of the outer stairs from the 1st floor of the apartment in order to work at work around 07:11 on December 14, 2012, in order to put the outside stairs in the front floor of the apartment and cut off the part in which the outside stairs are iced, thereby going beyond about 8 weeks of treatment.

(hereinafter “instant accident”). B.

The Defendant is an insurer who entered into a contract with the council of occupants’ representatives of the instant apartment complex (hereinafter referred to as the “manager”) on December 17, 201, which covers fire and physical damage liability, etc. regarding the instant apartment complex (hereinafter referred to as the “instant insurance”).

The insurance period of the instant insurance contract is from December 17, 201 to December 17, 2012, and the compensation limit per person is KRW 100 million.

C. The stairs at the point of the instant accident were in iced from the day immediately before night, and according to the management office’s work log, it is recorded that the instant accident was directed at the entrance of the 07:15 entrance, which is after the instant accident occurred, to spread chloasiumsiums, and that the instant ice ices broadcast was conducted.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, 6, 10, Eul evidence 1 and 2

2. Occurrence of liability for damages;

A. The gist of the party’s assertion 1) The Plaintiff manager, as an occupant and owner of a structure, violated the duty to manage the structure by failing to properly remove snow and ice on the stairs that are apartment facilities, and failing to take preventive measures against the ice sprink, thereby causing the instant accident. (2) At the time of the instant accident, the Plaintiff was aware that the external stairs of the apartment sprink were attached to the apartment site at the time of the occurrence of the instant accident.

The instant accident is not caused by a mistake in the management of apartment facilities, but exclusively caused by the Plaintiff’s negligence.

And by nature.