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(영문) 울산지방법원 2018.06.21 2017가합24454
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. F is a person who is engaged in water leakage facilities and artificial fishery under the trade name of G, and the Defendant owns and occupies the building of the second floor H of Ulsan-gu H, Ulsan-gu (hereinafter “instant building”) which is a company engaging in taxi transport business.

B. On the rooftop of the instant building, there are about two-meter stairs above the stairs that enter the rooftop, and the stairs tower is located at the edge of the rooftop, and the water tank is installed at the edge of the road of the stairs tower (hereinafter “water tank”).

C. The Defendant requested F to repair the table inside the water tank of this case, and F visited the building of this case on August 23, 2017, and explained the problem of the water tank of this case from the representative director I, and after examining the installation place, the Defendant was in charge of repair work in KRW 1.60,000,000.

F was at the center while working on a stairs tower to repair a water tank on the same day, and was faced with an accident falling down on the delivery below about 10 meters, and died at the low-blood shock level 20:19 on the same day on the same day, after being transmitted to hospital and being treated.

(hereinafter referred to as “F”). (e)

Plaintiff

A is the deceased's spouse, and the plaintiff B, C, and D are the deceased's children.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 7 (including the case with a serial number; hereinafter the same shall apply), Eul's evidence 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' water tank of this case is located at the edge of a stairs tower, the distance between the water tank and the edge of a stairs tower is 65 cm, the height at the edge of a stairs tower is 18 cm, and the water tank's pipes are installed at the direction of the road, and there is a risk of falling from the building during the water tank repair work.

Therefore, the defendant who owns and occupies the instant building and the water tank shall be regularly.

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