(영문) 청주지방법원 2015.08.26 2014나12622

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(영문) 청주지방법원 2015.08.26 2014나12622

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation concerning the instant case is the same as the statement in the column of basic facts among the grounds for the judgment of the court of first instance, and thus, citing it as it is in accordance with the main text of Article 4

2. Defendant D’s representative council (hereinafter “Defendant D’s representative council”) selected Defendant E as the head of the management office and entrusted the management of the said D apartment (hereinafter “instant apartment”). As such, all of the powers and responsibilities for the management of the instant apartment belongs to Defendant E, the instant lawsuit against the Defendant’s representative council for damages is asserted as a lawsuit against the Defendant’s representative council for damages.

However, in the performance suit, the plaintiff's person who is asserted as the performance obligor has the standing to be a party, so the defendant's representative council's defense is without merit.

3. The assertion and judgment

A. The Defendants asserted that the Defendant occupied the automatic entrance installed in the apartment of this case (hereinafter “the entrance of this case”). Since the entrance of this case was installed and the entrance of this case did not work normally and there are frequent civil petitions related to the accident caused by users of the entrance, the entrance of this case was accepted in advance, or the entrance of this case did not take any measures, such as posting a warning sign, etc. in preparation for the case where the body was laid on the entrance of this case, and the accident of this case occurred due to the defect in the installation or preservation of the entrance of this case. As such, the Defendants jointly as the possessor of the building, and as the heir of the deceased, the heir of the Plaintiff A’s inheritance of the deceased of this case of KRW 40,00,00,000 = 24,873,805,000, the deceased’s children, and Nonparty H, the deceased’s heir.

Funeral expenses of Plaintiff A in KRW 10,000,000 for funeral expenses of KRW 3,000,000.

참조조문

-민사소송법 제420조

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