Text
1.The judgment of the first instance shall be modified as follows:
The Defendants jointly set forth the Plaintiff KRW 6,760,905 as well as the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a non-profit special public interest corporation established under the National Health Insurance Act, and Defendant A is an employee of D located in the Nowon-gu Seoul Special Public Interest Corporation and Defendant B is an employer of Defendant A, who operates D.
B. On the outside of the above D’s building, there is a cargo elevator containing the first floor and the second floor of the building, and when the above elevator was located in the second floor, there is an empty space in the part of the first floor of the elevator, and it is possible to enter the place because the vacant space is not cut off from the outside. The defendant A did not discover the victim E (hereinafter “victim”) in the above elevator part of the first floor of the above D around January 25, 2016 and did not discover the above cargo elevator from the second floor to the first floor of the above cargo elevator to cover the victim by cutting the above cargo elevator from the second floor to the above cargo elevator.
(hereinafter referred to as “instant accident”) C.
As a result, the victim suffered from injuries such as the diversification of cage cages whose detailed information is known, and was treated in the astronomical Matern Hospital of the National University. The plaintiff paid 18,080,880 won to each medical care institution out of the medical expenses 22,536,350 won.
[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 8 (including branch numbers for those with a branch number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant A was negligent in operating the elevator from the second floor to the first floor without sufficiently verifying the existence of the victim in the open space of the first floor of the above cargo elevator, and the defendant B, as the user of the defendant A, is liable for the damages caused to the victim in connection with the execution of his/her duties. In accordance with Article 750 of the Civil Code, the defendant A is jointly liable for the damages caused to the victim pursuant to Article 750 of the Civil Code, and Article 756 of the Civil Code, the defendant B is jointly liable for the damages caused to the victim.