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(영문) 부산지방법원 2015.08.13 2015가합42790

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. The pertinent plaintiff is the tenant who resides in B (hereinafter referred to as “the apartment of this case”) 102 Dong 1108, and the defendant B's representative council (hereinafter referred to as the "the defendant representative council") is an autonomous organization composed of the occupants to manage the apartment of this case, and the defendant EM Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") is a company entrusted by the defendant representative council with the management of the apartment of this case.

B. At around 05:00 on June 13, 2013, the Plaintiff was found to have been used in the entrance where 102 joint owners of the instant apartment complex was located (hereinafter “instant entrance”). The Plaintiff was sent back to the emergency room of the Dong University Hospital through C Hospital Emergency room by the 119 Emergency Team. Accordingly, the Plaintiff suffered injury, etc., which was accompanied by the damage of the number of water due to the exposure and escape of 12.

(hereinafter referred to as “instant accident”) C.

The 102 apartment buildings of the entrance of this case are constructed on the site of a photo, and the entrance of this case, which is the joint port entrance, is installed at a height of about 237 cm from India, and there is a rail of about 68 cm in height around the entrance of this case (hereinafter “the passage of this case”). From India, there is a slope of about 68 cm in height around the entrance of this case (hereinafter “the rail of this case”).

[Ground of recognition] Unsatisfy facts, Gap evidence 1, 2, Eul evidence 2, Eul 4, 6, 9 (including each number), the testimony of witness D, the result of the on-site inspection by this court, and the result of the entrustment of appraisal by high school uniform hospitals, the purport of the whole pleadings

2. The plaintiff's main entrance of this case is installed at a height of about 237 cm from the ground, so safety is secured by installing a railing with sufficient height around the surrounding area in order to prevent pedestrian fall.