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(영문) 서울중앙지방법원 2017.04.03 2016나51650
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 6, 2014, at around 21:10, the Plaintiff’s B taxi (hereinafter “instant taxi”) entered into a mutual aid agreement with the Defendant, a preliminary high-tension cable (hereinafter “instant cable”) that was installed in the said telecommunication line, following the collision of electrical poles around the road leading to the instant multimodal building, Gangdong-gu Seoul Metropolitan Governmentcheon-dong 410-105 Ground Exclusive Complex Building, Gangdong-gu, and caused damage (hereinafter “instant accident”).

B. The above main complex building is a shopping complex, which is a modern printer and a residential facility, and the cable of this case is a common man-in cable installed to supply electricity to Hyundai Flas and Hyundai Flas apartment.

[Ground of recognition] Facts without dispute, Gap evidence 3, 6 evidence, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. First, the Plaintiff is the Plaintiff’s possession of the instant cable, and the Plaintiff suffered damages equivalent to KRW 19,80,000 for the cable repair cost of the instant cable due to the instant accident, and accordingly, the Defendant, who is the mutual aid association of the instant taxi, is obligated to compensate the Plaintiff for the said damages.

Therefore, according to the statements in the health room and Gap evidence No. 1, the plaintiff managed the cable of this case before the accident of this case and received regular inspection from the Korea Electric Power Corporation.

However, the circumstances revealed by Eul evidence Nos. 4 through 5 (including paper numbers), the fact-finding results on the director of the Korea Electric Power Corporation and the purport of the whole pleadings, namely, ① the electrical customer is a facility for the installation, possession, maintenance, and management of the facilities, ② the person who entered into an electricity supply and demand contract with the Korea Electric Power Corporation in relation to the cable of this case and underwent the pre-use inspection is the "Natural and Three Housing Improvement Redevelopment Cooperative", and the time when the above electricity supply and demand contract was concluded and the pre-use inspection was conducted is also established by the plaintiff.

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