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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On April 1, 2015, at around 22:05, the Plaintiff asserted that the Plaintiff was suffering from a slick chain connected to the obstacles installed in order to prevent the entry into the instant apartment (hereinafter “instant apartment”) on the right side of the latter part of the Dongjak-gu Seoul Metropolitan Government C Apartment (hereinafter “instant apartment”) and caused the instant accident (hereinafter “instant accident”) by the instant accident.
4. 3. Cradic sporadic sporadic spodic spodic spodic spodics and internal spodic spodics removal operations on December 30, 2016, and on April 9, 2018, 18.
The Defendant, as a council of occupants’ representatives organized by occupants for the management of the apartment of this case, failed to perform its duty to maintain and manage the facilities of this case by fulfilling the duty of due care as a good manager, and failed to perform the duty to take protective measures to the extent generally required by social norms as to the facilities of this case. Accordingly, the Plaintiff incurred damages therefrom. As such, the Defendant is obligated to pay the Plaintiff KRW 92,101,250 (one actual profit, KRW 70,842,150, KRW 3,989,100, KRW 2,270,00, KRW 15,000, KRW 15,00,00 for damages arising from the accident of this case due to the liability for damages or the possession of a structure.
B. According to the testimony of the court below, Gap evidence Nos. 6 and 9, and witness D, on April 1, 2015, the plaintiff was in the emergency room of the E Hospital around 22:05, and at the time, the plaintiff was in the emergency room of the E Hospital. At the time, the plaintiff was faced with the left part of the elbane with the upper floor, which was affected by the helbows of the entrance of the apartment complex of this case. After that, the plaintiff was diagnosed of surgery and the aftermath disability as alleged by the plaintiff. The plaintiff's father is the apartment management staff of this case on the same day.