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1. The defendant,
A. As to KRW 279,830,558 among Plaintiff A and KRW 136,451,596 among them, the amount of KRW 279,830,558 among them shall be from June 12, 2013 to June 13, 2014.
Reasons
1. Facts of recognition;
A. The defendant manages and operates mechanical parking facilities in the underground parking lot as the owner of the official gazette building located in 582, Magdong-ro, Busan, Suwon-gu (hereinafter “instant building”).
B. On June 11, 2013, Plaintiff A moved to a passenger car parked in the underground parking lot of the instant building at around 70cm between mechanical parking facilities and walls, and approximately 150cm in vertical length and down to approximately 2 meters (hereinafter “instant accident”).
C. The Plaintiff A suffered injuries that need to be treated for 6 weeks, such as the cutting of the upper right body body body body, the cutting of the bones, etc. due to the instant accident.
Plaintiff
B is the father of the plaintiff A.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 14-1 through 6, Eul evidence No. 3, Gap's images and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Since the underground parking lot of the instant building asserted by the Plaintiffs is a space where many unspecified persons use the building jointly, the Defendant is responsible for maintaining and repairing mechanical parking facilities installed in the underground parking lot so that they can be used safely according to the purpose of use.
Nevertheless, the defendant did not install safety facilities in an empty space between mechanical parking facilities and walls, and the accident of this case that the plaintiff A fells below about two meters due to the defect in the installation and preservation of such underground parking lots. Thus, the defendant is liable for compensating the plaintiff A for damages arising therefrom (negative damages of KRW 136,451,596, positive damages of KRW 335,173,352, KRW 400,000,00).
B. The Defendant’s assertion that the underground parking lot of the instant building is a space available only for the lessee of the building, and the Plaintiff A uses mechanical parking facilities installed in the underground parking lot with knowledge of such fact.
The instant accident occurred.
another.