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(영문) 서울중앙지방법원 2018.05.31 2017나27777
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. With respect to this part of the basic facts, this court's reasoning is that "G restaurant" in Part 16 of the judgment of the court of first instance is "G restaurant" (hereinafter "G restaurant"), and that part 3, 4, and 5 of the judgment of the court of first instance is "Defendant East Fire & Marine Insurance Co., Ltd. (hereinafter "Defendant East Fire & Marine Insurance Co., Ltd.")".

B B B B B B B B B before the change of D non-life insurance company: 'Defendant Company, regardless of whether it is before or after the change of the trade name.

"In addition to each other, it is identical to the part of "1. Basic Facts" in the reasoning of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act refers to a structure in a state of failing to have safety ordinarily required according to its use. In determining whether such safety is satisfied, the determination shall be made on the basis of whether the installer and manager of the structure fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decisions 99Da39548, Jan. 4, 200; 2008Da61615, Feb. 11, 2010). An accident resulting from the defect in the installation and preservation of a structure refers to only a cause for compensation for damage, rather than to refer to a case where the defect in the installation and preservation of a structure becomes one of the joint causes for the installation and preservation of another’s act or the victim’s act. In light of the aforementioned legal principles as seen earlier, since the defect in the installation and preservation of a structure becomes one of the causes for public health (see, 2007Da136.

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