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(영문) 부산지방법원동부지원 2016.02.16 2014가단17093
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. According to the facts of recognition, Gap evidence Nos. 2 through 7 and Eul evidence Nos. 1 (including each number), and the purport of the whole film and pleading, the defendants are co-owners of the five-story neighborhood living facilities building in Busan Shipping Daegu D, and there are parking lots outside the above building. The above parking lot area is higher than the building area adjacent to the above building, and a rail is installed at a parking lot, and the rail is excavated at a certain intervals at a height of 45 cm from the floor. However, the plaintiff went to a singing room on the first floor of the above building, and the plaintiff went to a singing room on the first floor of the above parking lot and went to the door of the above parking lot, and suffered injuries, such as a mouth, a joint owner of the five-story neighborhood living facilities building in Busan Shipping Daegu D (hereinafter referred to as the "accident in this case"), and the plaintiff argued that the plaintiff was liable to take safety measures against the plaintiff's vehicle owner without the plaintiff's fault.

However, Article 758(1) of the Civil Act provides, “When any loss is inflicted on another person due to a defect in the installation or preservation of a structure, the possessor of the structure shall be liable to compensate for the loss, but if the possessor fails to exercise due care necessary for the prevention of damage, the possessor shall be liable to compensate for the loss.” Here, the defect in the installation or preservation of a structure refers to the situation in which the structure does not have safety ordinarily to be equipped with the purpose of its use. In determining the fulfillment of such safety, the installer or the keeper of the structure shall be in proportion to the risk of the structure.

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