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(영문) 인천지방법원 2020.08.25 2020가합52190
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic facts, around 02:10 on June 16, 2016, the Plaintiff felled into the floor of the first floor of the building, which was waiting for the elevator from the second floor of the building in Nam-gu Incheon Metropolitan City (hereinafter referred to as the “instant building”) in the second floor of the building (hereinafter referred to as the “instant building”).

(hereinafter referred to as the “instant accident”). Accordingly, there were two pelkes, the left-hand cerebral cerebral and cerebral cerebral mast, the right-hand malibra, the blood plebrake and chroke, the blood pleke and chroke, the right-hand mast, the symptoms of livers damage, the livers, and yeast frokes to the Plaintiff.

The defendant is a management body comprised of sectional owners of the building of this case, and occupies and manages the section for common use of the building of this case, such as the second floor glass wall in which the accident of this case occurred.

【In the absence of dispute, the Defendant, who is the management body of the instant building, installed a fall sign on the second floor glass wall, etc., and had a duty of care to prevent the fall accident by installing a safety shoulder, but the instant accident was caused by negligence in management, which neglected it.

Therefore, the defendant is the possessor of a structure, and is liable for the plaintiff's damages caused by the accident in this case pursuant to Article 758 of the Civil Act.

Judgment

The defect in the installation and preservation of a structure under Article 758(1) of the Civil Code refers to a state in which a structure fails to meet the safety requirements that it shall normally have according to its use.

In determining whether such safety has been established, it shall be determined on the basis of whether the installer or the keeper of the structure has 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 Decision 2013Da1921, May 23, 2013). The absence of dispute, and each description or image of the evidence Nos. 3, 4, and 5 (including the number of pages) and the pleading.

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