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(영문) 서울남부지방법원 2016.04.20 2015가단214633
손해배상(기)
Text

1. The Defendant’s KRW 29,133,282 as well as the Plaintiff’s annual rate from December 25, 2014 to April 20, 2016.

Reasons

1. Occurrence of liability for damages;

A. On December 25, 2014, at around 11:45, the Plaintiff visited Seo-gu Incheon, Seo-gu B apartment on 12th, Seo-gu, Incheon (hereinafter “the instant elevator”), and then was on board the elevator (hereinafter “the instant elevator”). While the elevator was getting out of the first floor, the elevator was rapidly suspended between the third and fourth floors. The Plaintiff suffered injury, such as the frame of the body in the above elevator, while getting out of the center of the body in the upper elevator, the Plaintiff suffered from the injury, such as the mouth of the body in the middle of the first valley.

(hereinafter “instant accident”).

B. The Board for Determination of Dental Accident Investigation of the Ministry of Public Safety and Security investigated the instant accident, and as a result, determined that the said accident was caused by sudden suspension due to the operation of the fixed part of the elevator emergency stop device cell safety device, when two or more V of the fixed part of the elevator emergency stop device connects.

C. Meanwhile, the Defendant, as a maintenance business operator for the instant elevator, stipulated that the criteria for self-inspection should be carried out monthly in relation to the method of inspecting the emergency stop device and the electrical safety monitoring location of the elevator, but did not conduct an inspection on the said item at the time of self-inspection conducted on November 20, 2014, prior to the occurrence of the instant accident.

Therefore, since the accident of this case occurred because the defendant failed to properly perform his duties of maintenance and management of the elevator of this case, the defendant is liable to compensate for the damages suffered by the plaintiff due to the above tort.

[Ground of recognition] Facts without dispute, Gap evidence 9-1, Gap evidence 2, the purport of the whole pleadings

2. Except as otherwise provided under the scope of damages, it shall be the same as the statement on the calculation of the amount of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the current rate shall be calculated according to the reduction rate that deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

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