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(영문) 서울동부지방법원 2019.04.05 2018가단132333
손해배상(기)
Text

1. On March 4, 2018, around 07:30 on March 4, 2018, the Defendant suffered an injury at the Songpa-gu Seoul building and the E health center located in D.

Reasons

1. Basic facts

A. The Plaintiff is the owner and operator of Songpa-gu Seoul Metropolitan Government C building D (hereinafter “instant healthcare center”), and the Defendant is a person who used sports facilities in the instant healthcare center.

B. On March 4, 2018, at around 07:30, the Defendant suffered bodily injury on the left-hand scarke and scargs on the left-hand scargs while using the Belgium-style tool, which is an apparatus with a Belgium-style body part, in a far away from the Belgium, when she works in the Belgium, and turned on the left-hand bridge, while she was using the Belgium-style tool, at around 07:30, 2018.

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

From March 4, 2018 to March 30, 2018, the Defendant received surgery and hospitalized treatment from medical corporation F, such as sleep slovascopic and resistant surgery.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant used the Belgium flag from time to time, and therefore, although he was well aware of the use of the Belgium, he suffered injury since he lost the center of his own care due to the defendant's negligence. This is not caused by the malfunction of Belgium, and the plaintiff asserts that 500,000 won is the defendant's duty to pay Belgium as consolation money, but the excess obligation is non-existent.

In this regard, the defendant asserts that the defendant's negligence should have guaranteed at least the medical expenses in G which the plaintiff joined after the accident of this case, but the defendant's negligence is unreasonable.

B. The defect in the establishment and preservation of a structure as referred to in Article 758(1) of the Civil Act refers to a structure in a state where the structure does not have safety ordinarily according to its intended purpose. In determining whether such safety is met, the installer and the custodian of the structure in question.

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