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1. The Defendant’s KRW 50,326,485 as well as 5% per annum from December 25, 2014 to November 24, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who operates the Deputy Commissioner of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the Deputy Director of the Seoul Metropolitan Government”) with the trade name “D”, and the Plaintiff is a person who uses the Deputy Director of the Seoul Metropolitan Government around 17:30 on December 25, 2014.
B. While the Plaintiff parked the Plaintiff’s vehicle at the above date, the Plaintiff suffered injury, such as a ice sprinking, a ice sprinking, a sprinking sprinking, a sprinking sprinking, a multi-combined sprinking, and a non-sprinking sprinking, etc., due to an accident that is cut down on the floor inside the floor of the sprink of this case.
(h) 【The instant accident’s ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 3, 4, 5, 6, and Eul evidence No. 2, and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. The defects in the establishment and preservation of a structure under Article 758(1) of the Civil Act, which are the basis of liability, refer to a state in which a structure does not have safety ordinarily, depending on its use. In determining whether such safety has been met, the determination shall be based on whether the installer and the preservation of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
(See Supreme Court Decision 9Da39548 delivered on January 14, 2000, etc.). In light of the above legal principles, the head of the accelerator, as in the case of this case, is obliged to take protective measures to prevent the occurrence of the danger to the users of the third Deputy Commissioner, as it was difficult to form a ice board on the floor of the third Deputy Director, due to the occurrence of ice ice ice to the extent considerably much within the scope of the same period, so it is obvious in light of the empirical rule that the possibility of causing the danger to the users of the third Deputy Director is significantly increased. Therefore, in the winter season, he is obliged to take protective measures to prevent the occurrence of the ice ice accident in the third Deputy Director.
As recognized in the above basic facts.