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(영문) 서울중앙지방법원 2018.08.17 2017가단5096470
손해배상(기)
Text

1. The Defendants jointly share KRW 106,460,974 with respect to the Plaintiff, and the period from December 21, 2015 to August 17, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) Defendant B (hereinafter “Defendant B”) is the maintenance and management company of the elevator for automobile (hereinafter “instant elevator”) established in Seoul Special Metropolitan City, Nowon-gu D, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the insurer who entered into a liability insurance contract with Defendant B to compensate for the damages caused by negligence in the maintenance and management of the instant elevator.

(2) On December 21, 2015, when the Plaintiff loaded the vehicle E (hereinafter “instant vehicle”) into the instant elevator on the fourth basements underground, the Plaintiff suffered injury, such as the pressure string of the instant elevator (hereinafter “instant accident”) and the pressure string of the instant elevator (hereinafter “the instant vehicle”) broken away from the instant elevator due to the pressure string, the string of the instant vehicle, and the string of the strings installed on the upper part of the relevant elevator was destroyed.

(3) The instant accident was revealed that Defendant B’s failure to inject lubrication into the instant elevator’s Dozling, resulting in the damage of the said Dozing due to the occurrence of luxation in the entirety of the instant elevator.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above findings of the determination, since the accident of this case occurred due to negligence that Defendant B did not inject luoring in the instant elevator's labing, Defendant B and the above Defendant C, the insurer of the Defendant, are jointly and severally liable to compensate the Plaintiff for the Plaintiff's damage caused by the accident of this case.

2. Calculation of the scope of liability for damages.

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