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(영문) 서울중앙지방법원 2017.06.22 2015가단5389154

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is a person running D in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as “instant Handog”).

B. Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an insurer who entered into an insurance contract with Defendant B with “facility owners’ liability for damages.”

[Ground of recognition] Unsatisfy, Gap evidence 2 and 6

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted on March 7, 2015, around 11:30, the Plaintiff suffered from the wind, the left-hand dives of the abandonment, which was placed at the stand-off room of the instant Hanbags.

The Defendant Company, a liability insurance company of Defendant B and Defendant B, is jointly and severally liable to compensate the Plaintiff for the damages incurred by the Plaintiff, despite the contractual duty of care to manage the facilities that are kept, such as the wind, so that customers in Hanbags can take rest without safety accidents. In light of the fact that Defendant B and Defendant B, a liability insurance company of Defendant B, are liable to compensate the Plaintiff for the damages incurred by the failure.

B. In light of the following circumstances acknowledged in full view of the statement No. 1, Gap evidence No. 3 and the purport of the entire argument in the plaintiff's personal examination, namely, ① equipment ordinarily furnished and used for the purpose of enhancing the customer's better level in the Han Plaverg, as well as equipment used for the plaintiff's use at the home of transfer of a Plaverg or in the public facilities, which is commonly used by the plaintiff in the Han Plaverg, is an object with no particular danger if it is in accordance with its original usage, and ② it seems that the Plaverg at the time, unlike the plaintiff's assertion, could have been in front of the drinking water cooling in the laverg, as well as the drinking water cooling in the laverg.