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(영문) 서울중앙지방법원 2017.11.24 2015나55303
손해배상(기)
Text

1. The judgment of the first instance, including the claims extended or reduced in this Court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. B is an insurer who has entered into a contract for compensation of the manager of facilities and liability insurance (hereinafter referred to as “instant insurance contract”) with respect to the instant friendship between May 6, 2013 and B, the insured worker B, and the insurance period from May 6, 2013 to May 6, 2016, with the maximum compensation amount of KRW 1 billion per accident, and KRW 1 billion per person, with the maximum compensation amount of KRW 1 billion per accident (excluding fire and explosion) arising from the performance of his/her duties arising from the use of the instant facilities and facilities, with the insured worker’s physical disability or property as a result of the instant accident (excluding fire and explosion) arising from the use of the said facilities and facilities.

B. On February 24, 2014, around 05:30:45, drinking water was set up at the soup and soup bank in the instant rain or in a soup bank, and the staff of the instant rain or in the instant case began to cut the drinking water on the floor immediately thereafter at around 05:31:04.

C. At around 05:31:09 on the same day, the Plaintiff taken the drinking water on the floor and cut down the drinking water (hereinafter “instant accident”). At the time, the employees of the instant rain did not pay the Plaintiff attention to prevent the Plaintiff from passing the drinking water to the surrounding area, or to planting the drinking water on the floor.

The Plaintiff suffered injury to the left-hand pelkes, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 3, Eul evidence 2 to 3, and the purport of the whole pleadings

2. Determination

(a) The defects in the establishment and preservation of a structure as stipulated in Article 758(1) of the Civil Act, which are the basis for one liability for damages, refer to a structure in a state of failing to meet normal safety requirements according to its use. In determining whether such safety has been met, the installer and keeper of the structure in question.

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