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(영문) 서울남부지방법원 2014.05.15 2012가단1010
손해배상(기)
Text

1. Defendant B and C: (a) KRW 60,269,367 for each Plaintiff and KRW 5% per annum from February 1, 2011 to May 15, 2014; and (b)

Reasons

1. Basic facts

A. Defendant C is the owner of No. 701 of the 7th floor building of the 7th floor building of Guro-gu Seoul Metropolitan Government and two lots, and Defendant B leased the above 701 from Defendant C around December 2010 and operated the FINA.

Defendant B, around the time when he leased the above 701, installed boiler facilities inside the said 701 (hereinafter referred to as the “instant building”) and installed the instant boiler facilities in the instant building in the case of 701 Gazers, and the instant building in the case of 701 Gazers among the instant building.

B. Among the boiler facilities in the instant case, water conditioning the steam discharged from the exhaust pipe was chilled into the schill, and water shielded into the lowermost end of the 7th floor and the roof-shaped structure of the part interviewed by the highest end of the 6th floor with the highest end of the 6th floor, and there was an ice of approximately 40 centimeters in thickness, or there was an ice of less than 50 centimeters in height (hereinafter “instant ice”). On February 14, 2011, at around 14:00, the instant ice was crashed, and at that time, the Plaintiff, who was in the first floor rice farm of the 1st floor of the instant building in the madle, was injured by the Plaintiff, thereby causing injury to the 2nd floor of the 1st floor of the instant building, damage to the schillus gun, damage to the schillus gun, and damage to the superior and net

(hereinafter referred to as the "accident of this case")

The Plaintiff was paid KRW 100,000,000 to compensate for damages arising from the instant accident from the Samsung Fire and Marine Insurance Co., Ltd., the insurer of the Samsung Fire and Marine Insurance Co., Ltd., which was the insurer of Samsung C&, who purchased the instant accident involving the management of the facilities of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, 3, Gap evidence 11-1, Eul evidence 1-1, the purport of the whole pleadings

2. Determination on the occurrence of liability for damages

A. According to the fact of recognition of Defendant B’s liability, Defendant B, who installed the boiler facilities in the instant rupture source, caused water generated from water, steam, steam, discharge facilities, and water generated in the boiler.

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