(영문) 수원지방법원안양지원 2015.01.22 2014가단104511

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(영문) 수원지방법원안양지원 2015.01.22 2014가단104511

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the owner of the building and facilities of the gas station located in E-gu in Ansan-si (hereinafter “instant gas station”). Defendant C is a person who actually occupies the gas station in the process of operating the gas station in this case.

B. On August 10, 2013, at around 13:20, the Plaintiff completed accelerators at the gas station of this case, and was in motion to board the vehicle, and was faced with closed duplicatives.

(hereinafter referred to as “instant accident”). 【No dispute exists concerning the ground for recognition, Gap evidence 2, Gap evidence 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is located in a place where rainwater is easily visible due to geographical circumstances. At the time of the instant accident, the cost of the instant gas station caused rainwater to the floor of the instant gas station, which was very slicking.

Nevertheless, the Defendants did not take safety measures, such as removing the water apparatus of the gas station floor or putting a dump prevention ceiling, etc., or placing employees to ensure the safe movement of the accelerators. Accordingly, there is a defect in the installation and preservation of the gas station floor facilities of this case. Accordingly, while the Plaintiff completed gasing from the gas station of this case and moved to a vehicle, the instant accident was caused by the said accident.

Therefore, the Defendants, as the owner or possessor of the instant gas station, are obligated to compensate for damages incurred by the Plaintiff due to the instant accident.

(b) In the event that any loss is inflicted on another person due to a defect in the installation or the preservation of a structure, the possessor of the structure primaryly is liable for compensating for the loss, and the possessor does not neglect due care necessary for the prevention of loss, the owner of the structure shall be liable for compensating for the loss with no negligence secondaryly, but in any case the possessor of the structure shall be liable for

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