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(영문) 서울중앙지방법원 2017.10.25 2017나7179
구상금
Text

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

The Defendants jointly share the Plaintiff KRW 1,916,208 and one of them.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer that is established under the National Health Insurance Act and operates the health insurance business, and A is the insured as the Plaintiff’s insured.

B. Defendant CEXS Co., Ltd. (hereinafter “CoE”) is the manager of the Axry Building (hereinafter “the instant building”) located in 524, Gangnam-gu, Seoul, Gangnam-gu, which entered into an insurance contract with the effect that the Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “C&E”) is liable for damages due to the occurrence of a safety accident on the instant building managed and operated by Defendant CEXE, and is the insurer who entered into an insurance contract with the content that compensates for the damages to a third party.

C. A around 19:20 on April 23, 2013, around 19:20, felled on the floor by falling the stairs of the second floor parking lot (hereinafter “the instant accident site”) under the instant building, and thereby, sustained the injury with the left side knee bones.

(hereinafter “instant accident”). D.

On the other hand, the stairs at the location of the accident of this case did not have a rail, and the front floor, which is lowered by the stairs, had a teared tear for construction.

E. A, immediately after the instant accident, was sent to the Yongsan-gu Seoul Metropolitan Government Macheon Hospital, received first aid, and thereafter received medical treatment, such as surgery, at the Gangnam-gu Seoul Metropolitan Government B Hospital.

The Plaintiff paid KRW 3,445,960 to each medical care institution after deducting KRW 1,344,560 from the total medical care costs as stated in attached Table 4,790,520 from the total medical care costs as stated in attached Table 4,790,520.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the fact that the Defendants’ liability for damages was recognized, Defendant X-ray works to put pedestrians out of stairs in the instant building.

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