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(영문) 서울동부지방법원 2018.07.10 2017가단143596
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. (1) On December 14, 2013, at around 5 p.m., the Plaintiff was injured by getting out of the slurgic floor that was entering the slurgic building managed by the Defendant.

At the time, the plaintiff suffered bodily injury due to the failure to properly manage the floor so that the floor of the entrance does not slick, and therefore, the defendant is responsible for compensating the plaintiff for the damage as the possessor of a structure, etc. under Article 758 of the Civil Act.

The Plaintiff’s damages amount is KRW 31,965,528, positive damages amounting to KRW 1,337,430, mental damages amounting to KRW 10,00,000, totaling KRW 43,302,958.

(2) The Plaintiff did not have any accident attributable to the Plaintiff at the time and place of the Defendant Plaintiff’s assertion, and even if so, there was an accident involving the Plaintiff.

Even if this is due to the plaintiff's negligence, it is difficult to view it due to the defects of structures due to the defendant's lack of duty of care.

B. The defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a state where the structure itself lacks ordinary safety, and there is a burden of proof as to the existence of the defect. The evidence alone submitted by the Plaintiff is insufficient to recognize that there exists a defect in the part of the entrance of the building managed by the Defendant and that there was injury to the Plaintiff, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's assertion is without merit to examine the remaining issues.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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