logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2017.11.29 2016가단20305
손해배상(기)
Text

1. The Defendant’s KRW 6,640,190 as well as 5% per annum from October 18, 2014 to November 29, 2017 to the Plaintiff.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 7, and Eul evidence No. 4, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

On October 18, 2014, the Plaintiff (B) visited the head of the instant health class as a hobby class located on the third floor within the residents’ self-governing center (hereinafter “instant health class”) operated by the Dong-si Residents’ Self-governing Committee (hereinafter “the instant autonomous committee”) for residents.

B. At the time, the head of the instant health center was in the office due to the electrical voltage work.

C. On the same day, while the Plaintiff operated the instant fitness machines and carried out a campaign at a different speed from 6.4 to 7.5, around 09:00, the Plaintiff suffered an accident where, as the workers, who carried out the electric voltage construction work of the said residents' self-governing center, they cut electricity blocking for the said construction work, the Plaintiff was forced to stop one’s own wind, and the Plaintiff was faced with her part of the mouth and her mare on the floor (hereinafter “instant accident”).

The Defendant is an insurer who entered into a liability insurance contract with the instant autonomous committee and the sports facility business entity as to the instant healthcare center.

2. Determination

A. 1) The construction and preservation defect of a structure under Article 758(1) of the Civil Act, which is the basis of liability, refers to a structure in a state of failing to have safety ordinarily, depending on its purpose of use. In determining whether such safety is satisfied, the determination of whether the installer and manager of the structure in question has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decision 94Da16328, Oct. 28, 1994). In addition, the health care manager, etc. generally fails to cause harm to the users.

arrow