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(영문) 서울서부지방법원 2019.11.14 2019나34880
손해배상(기)
Text

1. Of the part against Defendant C in the judgment of the court of first instance, the part against the Plaintiff, which ordered payment below.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of the 3rd floor building in Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”); Defendant C is a person who sells clothes in the name of “F (F; hereinafter “instant store”) by leasing 1st floor E among the instant buildings.”

B. On December 29, 2017, around 18:30, the Plaintiff, along with the paths abutting on the instant store. Around December 29, 2017, the Plaintiff viewed the clothes displayed in the instant store, and sought clothes from the instant store through the steel stairs (hereinafter “instant stairs”).

After that, the Plaintiff again went out through the instant stairs, and there was an accident that falls out of the right floor of the instant stairs (hereinafter “instant accident”), which led to the injury that the Plaintiff sustained on the right side.

C. The height of the instant stairs is about 90cm, and human turdy turd on the instant stairs and the stairs floor at the time of the instant accident. D.

The upper part of the instant stairs was linked to the entrance of the instant store, and the instant stairs were used exclusively for access to the instant store, and the instant stairs were installed by Defendant B.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 3, Gap evidence 5-3, each video of Eul evidence 3 and 4, the result of this court's questioning of the plaintiff himself/herself, the purport of whole pleadings

2. The Plaintiff suffered the above injury due to defects such as the failure to install a rail on the instant stairs alleged by the Plaintiff, and the Defendant B, as the owner of the instant building, is liable to compensate for the defects in the installation and preservation of the structure under Article 758(1) of the Civil Act.

The defendant C is a person who occupies and manages the store of this case with customer access and has the duty to protect the customer by preventing safety accidents, such as removing in advance risk factors anticipated at the time of entering the store.

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