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(영문) 서울중앙지방법원 2017.02.16 2014가단5297111

손해배상(기)

Text

1. The Defendant’s KRW 20,337,739 as well as the Plaintiff’s annual rate from September 13, 2013 to February 16, 2017.

Reasons

1. Basic facts

A. On September 13, 2013, around 17:30 on September 13, 2013, the Plaintiff entered the first floor automatic conference (hereinafter “the instant automatic conference”) with a gallonian department store owned by the Defendant, and entered the same as the Plaintiff’s accident (hereinafter “the instant accident”).

B. Around October 2013, the Plaintiff was diagnosed by the Gangnam-gu Seoul Metropolitan Hospital as the damage to the land and power lines of the shoulder shoulder belts, etc. Around February 9, 2014 to February 19, 2014, the Plaintiff was diagnosed at the G Hospital located in Gangnam-gu, Seoul. From the department of rehabilitation of Gangnam-gu, Gangnam-gu, Seoul, by the department of rehabilitation in the department of rehabilitation at the Jinwon-gu, the Dognam University University, Gangnam-gu, Seoul, from February 9, 2014 to February 19, 2014, the Plaintiff was diagnosed at the area where the Plaintiff was hospitalized.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination

A. The defect in the establishment and preservation of a structure under Article 758(1) of the Civil Act, which is liable for damages, refers to a state in which a structure does not have safety ordinarily required according to its use. In determining whether such safety has been met, the determination shall be based on whether the installer and manager of the structure in question fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see Supreme Court Decision 99Da39548, Jan. 14, 200). If safety standards are prescribed by statutes or internal rules of an administrative agency, this can be a single standard to determine whether there is any defect in the construction and management of a structure (see Supreme Court Decision 2004Da23455, Nov. 9, 206). The building and its site for the use and scale prescribed by Presidential Decree, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.