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(영문) 인천지방법원 2016.05.17 2015나10936

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement Nos. 1 and 2 of the occurrence of the liability for damages, the Defendant is recognized as having set up a soft (hereinafter “instant soft”) for the convenience of the customers suffering from Schlage in front of the Seo-gu Incheon, Seo-gu, Incheon, and the Plaintiff suffered an accident suitable for the left-hand side of the head of the Matern in the instant Solar, which was the strong wind (hereinafter “instant accident”). < Amended by Act No. 1271, May 10, 2014>

According to the above facts, the accident of this case occurred due to the defect in the installation or preservation of the sorain of this case. Thus, the defendant, who is the possessor and the owner of the structure, is liable to compensate for the damages suffered by the plaintiff due to the accident of this case unless there are special circumstances.

2. Scope of liability for damages

A. On May 11, 2014, the following day of the instant accident, the Plaintiff continued to receive medical treatment at a hospital located in various locations, such as E Hospital, F Hospital, and Dives Hospital, after having visited the emergency room of E Hospital on May 11, 2014, and accordingly, the Plaintiff asserts that the Defendant is liable to compensate for the amount equivalent to KRW 10 million out of the medical treatment costs.

According to the statement of evidence Nos. 1 through 29 (including the number of pages), on May 11, 2014, the following day of the instant accident, the fact that on May 11, 2014, the Plaintiff visited the emergency room of the hospital and claimed for the head pain, the Plaintiff was subject to brain, computer stale photography (BS) test and two x-ray test (hereinafter “each of the instant inspections”); and on May 12, 2014, the Plaintiff visited the hospital again and was discharged on May 19, 2014 (hereinafter “instant hospitalization”); and thereafter, the Plaintiff continued to undergo continuous medical treatment at various hospitals, such as F Hospital and M&D hospital, etc., and each of the instant inspections is recognized.