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(영문) 인천지방법원부천지원 2016.08.24 2016가단101411
채무부존재확인
Text

1. On December 19, 2015, the Defendant sustained an injury after being affected by the cartofers in the A-4th underground parking lot located in Bupyeong-si, Bupyeong-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established under Article 23 of the Act on Ownership and Management of Condominium Buildings for the management of A building in Bupyeong-si.

B. At around 17:00 on December 19, 2015, the Defendant suffered an accident resulting in an injury, such as the mouths on the left part of the mouth, the tensions on the left part, etc. (hereinafter “accident”), while moving from the fourth floor parking lot of the above building to his/her own vehicle.

[Ground of recognition] Facts without dispute between the parties, entry and video of Gap evidence 1 through 5, Eul evidence 1 through 3 (including various numbers if there are various numbers; hereinafter the same shall apply) and the purport of whole pleadings, and the purport of whole pleadings

2. The assertion and judgment

A. Even if the plaintiff's assertion was affected by the carer, the above carer was installed on the part of the vehicle parked in the parking lot, which is not a passage road in the parking lot, and the vehicle of the defendant's side completed parking by using the carer. Thus, the defendant was aware of or could have been easily informed of the location of the installation. The accident is an accident that goes beyond the direction of the pedestrian without paying any surrounding attention.

In addition, the defendant, who had been wearing Korean uniform, was able to be seen as a situation in which the defendant, who was suffering in his house, has lost its center by itself or has caused vadi to be vadi.

Then, there is no error in the installation and management of parking lots, including the above carpers, to the Plaintiff.

Therefore, it is necessary to confirm that there is no obligation of the Plaintiff to pay damages against the Defendant for the instant accident.

B. The underground parking lot of the Defendant’s assertion is the underground parking lot where the sunlight of the above building does not reach the sunlight, and it is inevitable to recognize things by artificial lighting. One half of the entire lights installed at the time of the Plaintiff.

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