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(영문) 광주지방법원 2019.01.22 2018가단506259
손해배상(기)
Text

1. As to the Plaintiff’s KRW 22,832,357 and the Plaintiff’s KRW 17,174,515 among them, the Defendant shall pay the Plaintiff KRW 22,832,357 on January 17, 2018.

Reasons

1. Basic facts

A. On February 2013, the Plaintiff entered into a contract with the Defendant to manufacture an elevator for cargo to be used by the Defendant for transporting bread materials in the fourth floor warehouse of the building located in the Dong-gu, Gwangju (hereinafter “instant building”) owned by the Plaintiff, and to install it on the outer wall of the instant building. On February 2, 2013, the Defendant completed the installation of cargo elevators in the instant building (hereinafter “instant elevator”).

B. The instant elevator was loaded with a laden weight of 100 to 150km, but on June 15, 2013, D, which was contracted by the Plaintiff, performed the waterproofing construction of the instant elevator that was carried out by the Plaintiff, and was used in the instant elevator by mixing with the instant elevator without cargo, the said elevator was cut off with the steel agents and fish, and the said elevator fell at a height of 14 meters.

(hereinafter “instant accident”). C.

D, which was on board the instant elevator due to the instant accident, suffered bodily damage, etc. due to the 1st century and the emulation of emissions, and the 1-2th century. D, which was on board the instant elevator due to the instant accident, suffered bodily damage, etc.

At the time of the instant accident, there was no electrical safety device, additional storage device, and emergency stop device for the instant elevator.

Therefore, at the time of the accident in this case, the mother continued to move back because the elevator at the time of the accident in this case did not stop with the manual, and no emergency safety device was operated, and the number and the capacity of the mother that reduces the excessive language of the elevator do not coincide with each other, so it was cut off by breaking up the fruit.

In addition, any warning or emergency device was not operated even though the elevator was affected by excessive load at the time.

E. The defendant did not report the manufacture of an elevator and did not undergo a completion inspection after the installation of an elevator, or did not receive a certificate of inspection.

And after the installation of the elevator.

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