손해배상(기)
1. Defendant C’s KRW 88,00,000 per annum for the Plaintiff and 5% per annum from October 21, 2012 to October 30, 2014.
1. Facts of recognition;
A. Defendant B leased the pertinent site to Defendant C with D, Busan Jin-gu, Busan (hereinafter “the instant site”) and 33.54 square meters for storage facilities of hazardous substances on its ground. Defendant C, while selling petroleum by using it, used the instant site as a parking lot, etc.
B. There are five floors buildings adjacent to the site of this case in Busan, Jin-gu, Busan, and due to the difference in height between the site of this case and the adjacent site of this case, the site of this case is located at a high level of about 3.8m from the above building, and there is a difference of about 1m between them, and a rail of about 30-40cm is installed on the site of this case.
Ultimately, in the case of fall from the rail on the site of this case to the space of about 1m, it would fall from the height of 3.8m high.
C. On October 21, 2012, around 22:00, the Plaintiff was seated on a rail on the instant land and fell in the rear space, and was faced with an obstacle that satisfys down on the top of the alley, etc.
(hereinafter referred to as “instant accident”) / satisfyed facts / satisfy, Gap evidence 1, 6, 7, Eul evidence 1, 3, 4, and 5 (including paper numbers), each of these statements and images, witness F’s testimony, and all of the arguments
2. Whether to recognize liability for damages;
A. The Plaintiff asserted that the Defendants are the owners and occupants of a rail installed in the instant site, and the Defendants are liable to compensate for damages under Article 758 of the Civil Act. Accordingly, the Defendants asserted that the Plaintiff was not the spouse but the Plaintiff was involved in the instant accident, and that they had the duty of care to install a fall prevention facilities, etc. by predicting a person who was involved in a rail due to unauthorized intrusion on the instant site, which is a private land. Defendant B, the owner of the instant site, was the primary responsibility for the possessor C, and the possessor C is the structural problem of the instant site and adjacent buildings.