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(영문) 서울중앙지방법원 2017.11.16 2016가단101462

손해배상(기)

Text

1. The Defendant’s KRW 20,015,205 as well as the Plaintiff’s annual rate from December 20, 2014 to November 16, 2017.

Reasons

1. Facts of recognition;

A. Plaintiff A is a resident of Geumcheon-gu Seoul Metropolitan Government B Apartment (hereinafter “instant apartment”), and around December 20, 2014, at the parking lot around 01:30, Plaintiff A was dissiped from the ice ice flap, the entrance leading to the entrance of the entrance, 517 Dong 34, 517 Dong 34, and suffered from the alleys of the right bridge.

(hereinafter “instant accident”). (b)

The Defendant is an insurer who entered into an insurance contract with the council of occupants’ representatives of the instant apartment (hereinafter referred to as the “manager”) and the instant apartment with respect to a business that covers the risk of the facility owner (management) with the amount of KRW 30,00,000 (one hundred,00 on his own charges) for the period from October 1, 2014 to October 1, 2015, and per capita (one hundred,000 won).

C. From December 19, 2014 to December 20, 2014, Seoul continued to be snow and rained in Young-gu weather.

On December 20, 2014, 01:30, milched with the rain of the Young River, and the delivery of the point of the instant accident was completed and the snow was continuously stockpiled.

[Evidence] Facts without dispute, Gap 1-14, Eul 1-6, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The main point of the Plaintiff’s assertion 1) Even if there were many snows since four days prior to the instant accident, the manager did not properly perform the snow removal and ice removal work on the delivery, which is an apartment facility, and caused the instant accident to be caused by violating the duty to manage the facility since the ice was not installed at the point of ice sprinking, and thus, the instant accident occurred. (2) The Defendant’s accident of this case was due to the negligence on the part of the Plaintiff, as it goes beyond the Plaintiff’s walking around 01:30 the new wall that the Plaintiff spacks the snow.

Although the manager had calcium pium in India, he could not prevent the scalcium itself from scalcium scalcium.

B. According to the facts and evidence found in the violation of the duty to manage the apartment facilities of the area, the manager should not display ice on the India, which is the facility of the apartment of this case, through snow removal and ice removal work.