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(영문) 광주지방법원 2015.11.26 2013가합55319
채무부존재확인
Text

1. Regarding the description of the attached accident, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that maintains and manages mechanical elevator installed in the Nam-gu Seoul metropolitan building (hereinafter “instant elevator”). The Defendant is a dentist who operates “A dental surgery” on the second floor of the said building from May 19, 2001 to the date.

B. (1) On June 18, 2012, the Defendant: (a) around 18:30 on June 18, 2012, in order to release the Defendant’s Csch Rexroth vehicles parked under the above B Building, the instant elevator is crashed (hereinafter “instant accident”).

(2) On June 18, 2012, the Defendant was treated at the D Hospital with a hye and hye pain after the instant accident. On June 21, 2012, the Defendant observed the view of escape from a conical signboard to the center of the backside, which was implemented on June 21, 2012. On July 31, 2012, the Defendant was diagnosed by the Joseon University Hospital “the escape certificate of the warning signboard at issue” (hereinafter “the escape certificate of the warning signboard at issue”).

[Ground of recognition] The facts without dispute, Eul evidence Nos. 1 through 4, Eul evidence Nos. 6-2, the result of the commission of physical examination to the president of the Hanyangyang University Hospital and the purport of the whole pleadings

2. The parties' assertion

A. The escape certificate of the warning signboard of this case, which occurred to the plaintiff's assertion, is a disease that has been brought about for a long time by the defendant's physical talent, and there is no proximate causal relation between the accident of this case and the obstacles to the escape certificate of this case, which occurred to the defendant.

Therefore, the Plaintiff’s liability for damages against the Defendant regarding the instant accident does not exist.

B. The defendant's assertion that the accident of this case occurred due to negligence that the plaintiff neglected the maintenance and management of the elevator of this case, and due to this, the escape certificate of the warning signboard of this case was issued to the defendant.

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