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(영문) 인천지방법원 2018.08.30 2017가단221852

채무부존재확인

Text

1. On November 24, 2016, at Bupyeong-gu, Incheon, Bupyeong-gu, Bupyeong-gu, 738-21, Bupyeong-gu, 14 square meters.

Reasons

1. The parties' assertion

A. The Plaintiff is a person who installs and manages the Plaintiff’s Bupyeong-gu Escopter facilities in Incheon, and the Defendant, around November 24, 2016, was in excess of the number of the winners of the name at the above Escopist No. 14 on November 24, 2016, and was faced with the Defendant’s shock, and the Defendant was in danger of injury.

(hereinafter “instant accident.” The instant accident is due to an influence of a person who was unable to obtain his name, and is not due to an influor’s misworking defect, etc., and the Plaintiff is not liable for compensating for the Defendant’s damages.

나. 피고 에스컬레이터가 덜컹거리면서 할아버지가 할머니에게 밀렸고, 할머니가 피고에게 넘어져서 피고도 넘어지게 된 것이므로, 원고는 피고의 손해를 배상할 책임이 있다.

2. 판단 이 사건 사고 당시 에스컬레이터가 사람이 넘어질 정도로 덜컹거렸다

Inasmuch as there is no evidence to prove that the Plaintiff failed to meet the safety requirements to be met for the purpose, the Plaintiff is not liable to compensate the Defendant for the damages caused by the instant accident.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.