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(영문) 인천지방법원 2016.08.10 2015가단26022
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 assertion

A. The defendant is the manager of the old agricultural and fishery products market.

나. 원고는 2012. 5. 15. 구리시 인창동에 있는 구리농수산물시장을 방문하여 수산물동 B에서 수산물을 구매하고 주차장과 연결된 건물 통로를 통해 이동하던 중 바닥에 미끄러져 무릎뼈가 부러지는 상해를 입었다.

C. The passage floor above the old agricultural and fishery products market was waterproofed, and at the time, the merchant ice was melted to the extent that water was interested by melting, and thus was very sleeped. D.

The Defendant is liable for compensating the Plaintiff for the damages, as the Plaintiff neglected to manage the said floor by being aware of the fact that the customers might be slick down due to the above floor condition.

E. Therefore, the Plaintiff seeks reimbursement of damages amounting to KRW 20,824,092 (i.e., passive damages amounting to KRW 7,268,802, positive damages amounting to KRW 2,555,290,000) and damages for delay.

2. Determination:

A. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether such safety is satisfied, it shall be based on whether the installer and the custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

B. (See, e.g., Supreme Court Decision 99Da45413, Dec. 24, 1999).

According to the overall purport of the statements and videos (including paper numbers) of Gap, Eul, Eul, Eul, Eul, Eul, Eul, Eul, Eul and Eul, the fishery products market in the old agricultural and fishery products market is bound to suck up on the floor due to the characteristics of the fishery products market, and thus, waterproof treatment is inevitable. This is enough for ordinary customers who ordinarily use the fishery products market.

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