1. The Defendant’s KRW 2,067,873 as well as the Plaintiff’s KRW 5% per annum from June 25, 2016 to November 10, 2016, and the following.

1. Basic facts

가. 원고는 2014. 6. 26. 18:45경 피고가 소유하고 관리하는 대구 달서구 상인동 비둘기아파트(이하 ‘이 사건 아파트’라 한다) 단지 내 주차장에서 차에서 내려 몇 발자국 걷던 중 도로의 움푹 패인 곳(폭 약 30~40cm, 깊이 약 3cm)에 발이 걸려 뒤로 넘어지는 사고(이하 ‘이 사건 사고’라 한다)를 입었고, 이로 인하여 우측 견관절 회전근개 파열 등의 상해(이하 ‘이 사건 상해’라 한다)를 입었다.

B. From June 26, 2014 to July 25, 2014, the Plaintiff hospitalized in B Hospital for 16 days from July 28, 2014 to August 12, 2014. From June 27, 2014 to August 12, 2015, the Plaintiff spent KRW 2,535,680 in total, including medical expenses and charges for proof, due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 4, 7, and 8 (including paper numbers; hereinafter the same shall apply), Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the defendant, as the owner of the apartment of this case, did not repair the apartment of this case or install safety signs prohibiting passage, etc. even though it could have sufficiently predicted that if there is a failure on the surface of this case, there is a concern for pedestrians to go beyond the surface. Since the plaintiff suffered an accident of this case due to the defendant's negligence in the safety management, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff.

B. On the other hand, the Plaintiff’s failure to take care of the obstacles, etc. on the front door to prevent the occurrence of the instant accident, despite its duty of care, appears to have contributed to the occurrence of the instant accident, taking into account the location of the instant plaque, the degree of the failure, the degree of the Defendant’s duty to repair, the degree of the Defendant’s duty to repair, and the purpose of the system that is fair sharing of damages.