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(영문) 인천지방법원 2014.12.17 2014나11741
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion was committed on May 27, 2012 when the Defendant leased and resided in part of the branch floor of the house located in Guro-gu Seoul Metropolitan Government, and on May 27, 2012, the Plaintiff was suffering from injury caused to the Plaintiff’s left hand and be cut off. The Defendant, as the owner of the instant house, is obligated to pay the Plaintiff KRW 2,328,815 (i.e., medical expenses of KRW 1,328,815 (i., transportation expenses of KRW 1,00,000), KRW 3 million in actual income, KRW 7,328,815 in total, as well as KRW 200,00 in total, KRW 7,328,815 in compensation for damages caused by defects in the installation or preservation of a structure under Article 758(1) of the Civil Act.

B. The defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a state in which the structure itself is in a state of failing to meet the ordinary safety requirements according to its use, and the burden of proof as to the existence of the defect exists on the victim.

(2) On November 14, 2008, the Plaintiff entered into a contract to lease part of the land surface of the housing located in Guro-gu Seoul (hereinafter “instant building part”) between the Defendant and the Defendant, who was represented by D on November 14, 2008, and entered the instant building on August 19, 201, and entered the Defendant on August 19, 201, with water in the wall, ceiling, entrance and entrance door, and toilet and fung in the wall to the effect that repair was carried out. On May 27, 2012, the Plaintiff sent to the Defendant a document verifying the contents of the instant building to the effect that repair was carried out. On November 27, 2012, the Plaintiff suffered damage to the Plaintiff’s left part of the building, such as the entrance and exit of the building in Guro-gu, Seoul.

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