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(영문) 부산지방법원 2018.05.23 2017나49843
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Defendants is revoked, and the Plaintiffs corresponding to the revoked part are the Defendants.

Reasons

1. The basic facts are the occupants who reside in 101 and 2105, and the husband of the plaintiff Eul, the plaintiff C, D, and E are the children of the plaintiff Eul. The council of occupants' representatives consisting of the occupants of the apartment of this case. The defendant F's council of occupants' representatives is the council of occupants' representatives, and the defendant Samsung T&S is the company entrusted with the management of the common area of the apartment of this case by the defendant's council of occupants' representatives [based on recognition], there is no dispute, Gap evidence (family relation certificate), and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. On February 28, 2016, Plaintiff A, along with Plaintiff B, has inflicted injury on the left side of the instant apartment site, such as the removal of food waste from the guards room outside of 101 attached to the instant apartment site, and then thrown away food waste at the house (hereinafter “the instant accident site”) that was damaged around the drain hole at the entrance of the collection site during which Plaintiff A went back to the house, the center of which was broken away, and the left side kne was faced with the iron plate in front of the mouth, thereby causing the injury (hereinafter “the instant accident”). The Defendants were the managers around the garbage collection site, a common part of the instant apartment site, and caused the instant accident beyond the point of the instant accident, thereby causing damage to the Plaintiffs. The Defendants are liable to compensate the Defendants for all the damages.

Judgment

1) The following facts can be acknowledged according to the CCTV images (Evidence No. 2 and 3) that the Plaintiff A exceeded the point of the instant accident. ① On February 28, 2016, Plaintiff A used food waste bags and discarded the said garbage out of 101, prior to Plaintiff B, the husband, around 2016.

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