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(영문) 부산지방법원 2019.12.18 2019나51901
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts: (a) from February 21, 2017 to February 27, 2017, the Defendant built the interior of “D cafeteria” located in Busan Shipping Daegu Co., Ltd.

② Around 16:50 on February 25, 2017, the Defendant, while carrying out the above construction, was engaged in installing a tent outside the first floor of the building by using a bridge to control the theft of materials and access by other persons than related persons.

③ However, the Defendant’s tent was set up by the wind, which was anticipated to be a tent (the height was 2.1m, the width was 1.7m). The Plaintiff, while going beyond the bridge, was shocked on the road.

(hereinafter “instant accident”). (4) At the time of the instant accident, there was no access sign or guide around the bridge, and no equipment was installed to prevent the passage of the bridge, and there was a high risk of spreading down on the wind or over the bridge due to a sudden storm.

【Ground for recognition】 The fact that there is no dispute or there is no clear dispute, entry of Gap 10 evidence, purport of whole pleading

2. Occurrence of liability for damages;

A. According to the facts based on the basis of the responsibility, although the Defendant, who constructed the construction, could have sufficiently predicted that he would be able to shock a person who was in the vicinity of a bridge beyond a shooting bridge, the Defendant was negligent in not taking measures to prevent the occurrence of the instant accident.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to the accident of this case.

B. Restrictions on liability, however, the Plaintiff also failed to perform its duty of care to maintain a certain distance at the Working Group’s border while taking into account the construction situation, and it can be recognized that the Plaintiff’s negligence caused the occurrence of the instant accident and the expansion of damage. Therefore, the Defendant’s liability is comprehensively taken into account all the circumstances revealed in the instant argument, including the background of the instant accident, etc.

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