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(영문) 청주지방법원 2015.05.28 2014가합2744
손해배상(기)
Text

1. Defendant Jinsan Construction Co., Ltd. is as follows: KRW 93,218,256; KRW 59,324,837; and KRW 59,324,837.

Reasons

1. Basic facts

A. The plaintiff A is the spouse of the deceased D (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

B. On September 13, 2013, the Defendant Jinsan Construction Co., Ltd., the owner of the building, opened a cover of the Malele (50 cm in diameter, 170 cm in depth, and 40 cm in depth-gu) in order to undergo a sewerage inspection on December 16, 2013, for the employees of the Defendant Jinsan Construction Co., Ltd., under construction after being awarded a contract for a new construction of a building on the ground ( underground 1st, underground 4th underground floor) of Cheongju-gu E-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul., the owner of the building. However, F, which was the employees of the Defendant Jinsan Construction Co., Ltd., was located at the site of the said construction, was left without covering the Male-gu.

C. At around 17:00 on December 10, 2013, the Deceased was present at the Hamanex Co., Ltd.’s conference at the H restaurant located in Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, where the Deceased worked, and was coming up with the house located in I apartment at the 19:26th day of the same day, and was crashed into the above Manmperson at the construction site of the building at around 19:26 on the same day, and was found to have died on December 11, 2013 due to detailed corrosion and the labity of the machine at around 12:05.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 3, Gap evidence No. 8, 9, Eul evidence No. 1, Eul evidence Nos. 4 through 6 (including those with a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings and arguments.

2. Determination on the claim against Defendant Chungcheong Hot Spring Co., Ltd.

A. The plaintiffs' arguments asserted that the defendant Chungcheong Hot Spring Co., Ltd is the possessor or owner of the above Mandole, and that the deceased and the plaintiffs are liable to compensate for damages caused by the defect in the construction or preservation of the above Mandole.

B. In the case of causing damages to others due to defects in the installation or preservation of one structure, the possessor of the structure primaryly is responsible for compensating for damages, and the possessor of the structure is responsible for compensating for damages.

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