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(영문) 서울중앙지방법원 2018.11.21 2018가단5188253
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Defendants are co-owners of the Gangnam-gu Seoul E-building (hereinafter “instant building”) who installed parking block (hereinafter “instant parking block”) in front of the instant building Franc shop as co-owners.

However, at around 20:10 on July 15, 2017, the Plaintiff: (a) avoided expenses in front of the first floor of the building; (b) incurred considerable injury, which was caused by the instant parking block not equipped with ordinary safety; and (c) caused property damage to approximately KRW 66,534,910 according to the daily income and the diagnosis of the aftermath disorder.

Therefore, the Defendants are liable to pay to each Plaintiff KRW 66,534,910 and damages for delay.

2. One-to-one building, and defects in the installation and preservation of a structure as prescribed in Article 758 (1) of the Civil Act mean that a structure fails to meet normal safety requirements according to its use. In determining whether such safety requirements are met, the standard shall be whether the installer and the preservation 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;

(2) In light of the above legal principles, the Plaintiff’s assertion is without merit, since it is difficult to view that the Plaintiff’s ground for appeal is not reasonable even if the Plaintiff’s ground for appeal on the ground that the Plaintiff’s ground for appeal is insufficient to view that the Plaintiff’s ground for appeal is insufficient.

3. The plaintiff's claim of this case against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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