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(영문) 서울중앙지방법원 2016.10.19 2015가합540005
손해배상(기)
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 1,034,03,596, and KRW 5,000,000, and each of the above amounts.

Reasons

1. Basic facts

A. The Defendants are co-owners of the building located in Yeongdeungpo-gu Seoul Metropolitan Government H (hereinafter “instant building”), and Defendant C is the mother of the remaining Defendants, including Defendant D.

B. At around 13:00 on October 8, 2012, Plaintiff A was on the first floor of the instant building, and around 13:00, Defendant C was to give gift to Defendant C, who was going to go to one’s own house on the fourth floor of the instant building, and was on board the elevator installed in the instant building under the said Defendant (hereinafter “instant elevator”).

C. The instant elevator is a structure that does not run the inner space, unlike ordinary elevators, unlike the following, and the Plaintiff, along with the Defendant C, was in the fourth floor from the said elevator, and the Plaintiff was in accordance with Defendant D D D, and the body was pushed away from the elevator, and the body was pushed out to the outside of the elevator, and the elevator was pushed out to the outside of the elevator. (hereinafter “the instant elevator accident”).

As a result of the instant accident, Plaintiff A suffered bodily injury due to a sloping 5 to 6 slopings and alleys.

[Ground of recognition] The facts without dispute; Gap evidence Nos. 1 through 4; Gap evidence Nos. 9 (including paper numbers); Eul evidence Nos. 2 and 8; the result of the on-site inspection by this court; the fact inquiry to the Dongjak chief of Dongjak-gu fire department; the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiffs asserted that the accident of this case occurred between the parties (A). The plaintiffs asserted that the plaintiff Gap's boarding of the elevator of this case, but the defendant D was trying not to receive the column of the defendant C, and that the above plaintiff left the body of the elevator that the plaintiff attempted to get out of the elevator of this case, and that the elevator of this case operated the elevator's rise string without attention, while the elevator of this case came out of the elevator of this case.

B. The Defendants have already started operation of the elevator.

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