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(영문) 부산지방법원 2014.09.23 2014가단227634
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserted on January 12, 2014, that the Plaintiff was injured due to the Plaintiff’s injury, which was located in the front slope of the entrance of the fifth-class parking lot located in the Busan department store operated by the Defendant, and accordingly, the Defendant is obligated to pay the Plaintiff the Plaintiff the amount of damages KRW 20,260,40 (the amount of KRW 1,700,400 for medical expenses in the future KRW 3560,400 for medical expenses in the future), and damages for delay.

The defects in the installation or preservation of a structure mean that the structure fails to meet the safety requirements ordinarily required according to its use.

In the installation and preservation of a structure, there is no high level of safety to the extent that the state of complete maintenance is always maintained.

the installation or preservation of the structure can not be said to have any defect in the installation or preservation of the structure.

The degree of obligation to take protective measures imposed on a person who installs or preserves a structure means the degree of obligation generally required by social norms in proportion to the risk of the structure.

(See Supreme Court Decision 91Da39652 delivered on April 24, 1992, etc.). It is insufficient to recognize that the shape of the instant structure, known by the description of evidence No. 1, was insufficient to satisfy the ordinary safety requirement as a parking lot passage, and there is no other evidence to acknowledge it otherwise.

The plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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