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(영문) 부산지방법원 2015.11.18 2014가합49145

손해배상(기)

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a school foundation that operates a D University (hereinafter “D”), and the Defendant is a company that operates a tourist accommodation business, etc. in the name of “Friet” (hereinafter “Friet”) in the race-si.

B. The Defendant’s new sports hall construction and form 1) promoted the new construction of a sports hall to be used as an ancillary facility to the instant resort, and around March 2009, the Defendant decided to newly construct a sports hall with a relatively short PEB (Pre-Enged Biling) method, which is favorable for the use of the space due to the lack of columns inside the building, and the total construction period is relatively short. On August 31, 2009, the sports hall at G on the ground of Sejong-si (hereinafter “instant sports hall”).

2) The sports center of this case is a new roof with a height of a 1,205.32 square meters in total floor area on a site 4,029 square meters, and a new roof built of a steel-frame sand position panel structure (10 meters in central part, 8 meters in both edges, 31.2 meters in width, 36.6 meters in vertical length).

C. At the time of the accident, 1) The area of the racing where the Riart of this case is located, including the weather situation and press reports, from February 6, 2014 to February 17, 2014, there were the following snows. During the above period, 4.2 cm in total, the snow accumulated on the roof of the sports center of this case was about 37cm on February 19, 201. (3m: 10: 10th 10th 10th 14th 10th 10th 10th 15th 20th 10th 10th 10th 10th 10th 2th 10th 15th 10th 10th 15th 20th 20th 3th 10th 10th 15th 16th 208th 3th 205th 14th 205th 20th 15th 14th 20.

3. However, in an area where the instant resort is located, there is a snow equivalent to approximately KRW 75 cm in total, continuously accumulated from February 11, 2014 to February 14, 2014, after the removal of the heavyism.