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(영문) 창원지방법원 2021.01.14 2019나66207
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

A. The Defendants jointly share 1) Plaintiff A with KRW 2,106,710, as well as the Defendants.

Reasons

1. Facts of recognition;

A. Defendant C’s status as the Defendants is an organization consisting of merchants entering Kimhae-si Etel (hereinafter “instant commercial building”), and Defendant D Co., Ltd. (hereinafter “D”) is a company managing the instant commercial building in accordance with the management entrustment agreement concluded with Defendant C.

B. Specific statements made by witnesses (Evidence A Nos. 2 and 3) immediately after the plaintiffs' accident occurred, and the parts, contents and degree of the plaintiffs' injury, and circumstances are not discovered to suspect that the plaintiffs suffered bodily injury, such as the breath for any other reason, in addition to the fact that the plaintiffs exceeded the stairs of this case, and that the plaintiffs suffered bodily injury, such as the breath for any other reason. The plaintiffs suffered the accident.

In full view of the various circumstances revealed in the pleadings, including the commencement of hospitalization at G Hospital and H Hospital located in the instant shopping mall on the date of the assertion, the fact that the Plaintiffs did not notify the Defendants of the occurrence of the accident immediately after the occurrence of the instant 1 or 2 accident does not interfere with the recognition of the occurrence of the instant 1 or 2 accident.

1) On November 12, 2018, around 11:30, Plaintiff A was put on a shopping mall located on the second floor of the instant shopping mall (hereinafter “instant shopping mall”) and was subject to an abortion accident (hereinafter “first accident”) in the stairs exclusively used for the second floor (hereinafter “instant stairs”).

As a result, Plaintiff A was hospitalized in each G hospital from November 12, 2018 to November 28, 2018; from June 5, 2019 to June 11, 2019; and received a cardio-cerebral static and metal plate fixed on November 14, 2018.

2) On January 17, 2019, Plaintiff B put a door to the instant store on or around 09:45, but was faced with an abortion accident (hereinafter “No. 2 accident”) from the instant stairs.

Accordingly, the plaintiff B suffered bodily injury, such as the pressure dives of spine (plehion 9, 12, 1).

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