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(영문) 서울중앙지방법원 2017.02.08 2016가단5085824
손해배상(기)
Text

1. The Defendant jointly with Nonparty B apartment council of occupants’ representatives and jointly with the Plaintiff KRW 3,814,127 on February 2015.

Reasons

1. Basic facts

A. The Plaintiff is an occupant who resides in B apartment (hereinafter “instant apartment”) 102 Dong 504, and the Defendant is a housing management operator who entered into a contract for the entrusted management of multi-family housing between September 1, 2013 and August 31, 2016 by setting the contract term with the council of occupants’ representatives on August 28, 2013 and the said council of occupants’ representatives during the contract term from September 1 to August 31, 2016.

B. On February 6, 2015, at around 15:00, the Plaintiff opened a house-to-house cover for 12% of the labor ability due to the instant accident (hereinafter referred to as the “instant accident”), which was caused by the wind, where the left side bridge is put up to the buckbucks, due to an outstanding house-to-house coloning in a diameter and depth equivalent to 50cm, while walking an outstanding house-to-house installed within the chemical part of the instant apartment complex.

C. After the accident of this case, the Defendant installed a blade and a dangerous sign around the outstanding place of collection, and planted trees and taken measures to prevent entry through the chemical group.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 10 to 15, Eul 5 through 11, 13 through 15, 20, 27, and 28 each of the statements or images, witness C and D's testimony and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. “Defects in the construction or maintenance of a structure” as stipulated in Article 758(1) of the Civil Act refers to the state in which a structure does not have the stability ordinarily required according to its use. In determining whether such stability is satisfied, it shall be determined based on whether the installer or the keeper of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the structure.

(See Supreme Court Decision 2008Da61615 Decided February 11, 2010, etc.). B.

The accident of this case was in the course of the Plaintiff’s path, not a passage road.

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