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(영문) 서울서부지방법원 2019.05.16 2018가단217830
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's cause of action is as follows.

Defendant B is the owner of the 3rd floor building in Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”); Defendant C was a person who sells clothes in the name of “F (F; hereinafter “the store in this case”) by leasing the 1st floor E of the instant building.” From December 29, 2017, the Plaintiff was injured by the Plaintiff at the right side of the instant building, i.e., the front door of the instant store and the steel-proof stairs (hereinafter “instant stairs”) with a height of at least 1 meters, which were installed at around December 17:30, 2017.

As above, human turf who was attached to the floor of the instant stairs. According to the Enforcement Decree of the Building Act and Article 15 of the Rules on the Criteria for Evacuation and Fire-Fighting Structure (Ordinance of the Ministry of Land, Infrastructure and Transport No. 443) of the Ministry of Land, Infrastructure and Transport (Ordinance No. 443) of the Ministry of Land, Infrastructure and Transport, the Plaintiff is liable for tort liability since, as the owner of the instant building, Defendant B is liable for damages due to defects in the installation and preservation of structures under Article 758(1) of the Civil Act, Defendant C is the owner and manager of the instant store, who possesses and manages the instant store with customer access, has the duty to protect its customers by preventing safety accidents, such as removal in advance of risk factors anticipated at the time of entering the store, and due to negligence, the Plaintiff is liable for damages due to tort in total, as part of daily income of KRW 8,935,90,90,100,300,720,300.

2. The Defendants’ determination has a separate main entrance of the instant store, and the latter entrance to the store.

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