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1. The Defendant’s KRW 18,066,04 as well as the Plaintiff’s annual rate from December 2, 2015 to June 20, 2018, and the following.
Reasons
Basic Facts
The defendant is a company that operates the "Seong-do 24 sibb" (hereinafter referred to as the "instant restaurant") located in 723(Seongpo-dong) in Busan-gu. The plaintiff is a guest of the above restaurant.
On December 2, 2015, the Plaintiff visited the instant restaurant in order to hold the store, and parked the Plaintiff’s car at the front of the instant restaurant in the parking lot located in front of the instant restaurant, and was in the brailler.
On the parking side of the vehicle parked by the Plaintiff, without damaging the lower part of the vehicle in order to prevent the fall of the vehicle, the vehicle wheels was set off a stop dancing and the vehicle fall down at a height requiring the wheels of the vehicle.
On the above parking surface, there is a road and the height from the parking surface to the surface of the road is about 1.5 meters, and there was no special buffer zone or safety facilities to prevent the fall of people, in addition to the stop of the above vehicle and the fall of the vehicle, between the above parking surface and the road.
The Plaintiff fells into the road floor with a height of approximately 1.5 meters abutting on the parking surface in the process of removing goods from the ridges of his/her own vehicles parked as above after the occupancy-type death.
(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 3, 6, 9, Eul evidence Nos. 1 and Eul evidence Nos. 1, and the purport of the whole pleadings, and any defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act, which is a defect in the construction and preservation of a structure, means that the structure has no safety ordinarily required for its use.
Here, the safety that must be installed is not only the safety of the structure itself, but also the safety required in the situation where the structure is installed and used actually.
In addition, accidents caused by defects in the installation and preservation of structures shall cause only defects in the installation and preservation of structures.