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(영문) 부산지방법원 2017.10.17 2016가단21663
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a business building with the five underground floors and fifteen above ground floors located in Busan Jin-gu B (hereinafter “instant building”).

2) The Plaintiff is the owner of the land.

As seen in this subsection, the person who suffered the instant accident is an employee of the C association corporation located in the gate of the vehicle entrance of the underground parking lot located in the instant building (hereinafter referred to as “instant parking lot”).

B. The current status of the instant parking lot 1) The instant parking lot is located on the 1st to 4th underground of the instant building. The instant parking lot is located on the 3rd underground and underground floors, which are operated or connected to the 2nd underground floors for the convenience of drivers using the instant parking lot, and two emergency stairs are installed. 2) The drivers who intend to use the instant parking lot are driving the vehicle through the entrance of the instant parking lot, and drive the vehicle on their own in front of the mechanical parking facility located on the 1st underground or the 2nd underground floors, or parked the vehicle on their own in front of the mechanical parking facility located on the 2nd underground floors, and leave the vehicle key to the parking manager, the parking lot is operated in such a way that the parking lot is parked on behalf of the parking space installed on the 3th to 4th underground floors using the mechanical parking facility. The drivers may move from the 1st to the 2nd underground and the 2nd underground floors above.

3) On the left-hand side of the entrance of the instant parking lot, a parking management office that collects the control of persons entering the instant parking lot, the maintenance of order of vehicles, and parking fees (hereinafter “instant parking management office”).

In this regard, there is a difference between the entrance of the instant parking lot and the connecting passage between the parking lot of the first floor and the underground parking lot of the first floor, and the connecting passage between the second floor parking lot of the underground and the second floor parking lot of the underground.

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