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(영문) 부산지방법원 2019.08.21 2018가합47031

손해배상(기)

Text

1. The Defendant’s KRW 162,568,017 as well as the Plaintiff’s annual rate from August 30, 2018 to August 21, 2019, and the following.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of the second floor building D above Busan Fung-gu (hereinafter “instant building”).

B. On November 2, 2017, at around 00:26, the Plaintiff, at the main point of the trade name, “E” located on the second floor of the instant building (hereinafter “instant main point”), brought down stairs leading from the second floor to the first floor for returning home after drinking alcohol together with her friendship (hereinafter “instant stairs”), and suffered injury, such as fluorous friencing and fladrosis, etc. in the middle part of the stairs, she was suffering from an injury by digging away from the middle part of the stairs.

(hereinafter “instant accident”). C.

The instant stairs are illegally installed by extending them on the site of the parking lot without permission, and do not constitute stairs under the drawing of the building ledger.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), fact inquiry results against the head of the Si/Gu of Busan Metropolitan City, the purport of the entire pleadings

2. The Plaintiff’s assertion 1) The instant stairs constitute the stairs illegally extended on the parking lot site, and there exists a defect in their installation and preservation, and the Plaintiff caused the instant accident. As such, the Defendant, as the owner of the instant stairs, is liable to compensate the Plaintiff for the damages caused by the defect in their installation and preservation. 2) Even if the operator of the instant main stairs is liable for the defects in the installation and preservation, even if he was negligent in the Defendant’s illegal extension or neglect of the instant stairs, it is liable to compensate for damages pursuant to Article 750 of the Civil Act.

3. Whether liability for damages is established;

A. The defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act, which is a defect in the installation and preservation of the instant stairs, refers to a state in which the structure does not have safety ordinarily to be equipped according to its intended purpose.