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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff is the owner of each land listed in the separate sheet (hereinafter referred to as “each land of this case”) and 4 Dong-gun (hereinafter referred to as “the livestock shed of this case”).
The instant stable consists of plastic greenhouses and roofs of slates.
On May 1, 2018, the Defendant entered into a lease agreement with C and each of the instant land and livestock pens with a deposit of KRW 20 million, monthly rent of KRW 450,000,000. On the same day, the Defendant handed over each of the instant land and livestock pens to C.
On May 8, 2019, the Defendant received a request from C for the repair of a vinyl house, and transferred KRW 2,250,000,000 to the account in the name of D, which is an son, KRW 100,000 on May 10, 2019, and KRW 1250,000 on June 1, 2019.
On May 13, 2018, the Plaintiff suffered pressure from the roof of asbestos slate roof axiss No. 1, 1, 2, 3, and 4, from the pressure click of the click of the click of the click of the click of the click of the click of the click of the 1st, 2, 3, and 4.
(hereinafter “instant disaster”). C is the former spouse of the Plaintiff, and D is both C and the Plaintiff.
[Ground of recognition] The plaintiff asserted that the plaintiff did not dispute, Gap's evidence Nos. 1, 2, and 7 (the number of paper numbers included; hereinafter the same shall apply), Eul's evidence Nos. 1 to 4, Eul's testimony, and the ground for claim as a whole for the purport of the whole pleading, and the plaintiff requested repair of the asbestos slate roof with the defendant, and suffered the disaster of this case by getting away from the roof while performing the work according to the defendant's instructions.
The defendant, as the user of the plaintiff, failed to perform his duty of care to conduct safety inspections in advance, such as the installation of a safety net around the roof.
Therefore, the Defendant is obligated to compensate the Plaintiff for affirmative damages of KRW 543,530, passive damages of KRW 40,893,01, nursing expenses of KRW 1,427,647, solatium of KRW 15 million, and damages for delay.
Judgment
First, the Plaintiff’s repair from the Defendant of “the roof axis of asbestos slate” among the instant stables.