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(영문) 대전고등법원 2019.05.30 2017나11665
손해배상
Text

1.The judgment of the first instance shall be modified as follows:

Plaintiff

A For the Defendants of A, I Hospital.

Reasons

1. The first instance court partly accepted the Plaintiffs’ claims against Defendant D companies, respectively, and dismissed the Plaintiffs’ claims against Defendant K and Defendant F companies (hereinafter “Defendant Company”).

The Plaintiffs appealed against the entire part of the judgment of the first instance court against the Plaintiffs, and Defendant D Co., Ltd appealed only against the Plaintiff, who ordered payment exceeding KRW 22,292,532 of the judgment of the first instance court and damages for delay from September 7, 2014.

Therefore, the scope of this Court’s adjudication is limited to the entire part against the Plaintiffs and the part against Defendant D company’s Plaintiff A, which ordered payment in excess of KRW 22,293,532 and damages for delay from September 7, 2014.

2. Basic facts

A. The relationship between the parties 1) Defendant D is a temple located in Asan City G, and Defendant K is a person who serves as the chief knowledge of Defendant Dr. 2) Defendant D company, as a company engaging in elevator maintenance, repair, part sale, etc., and Defendant D company and Defendant D company, from March 1, 2009, entered into an elevator inspection contract with respect to an elevator with Defendant D company with the first floor and the third floor of Defendant D company (hereinafter “instant elevator”) and carried out the inspection of the instant elevator.

3) Plaintiff A was a person who prepared for meals or was engaged in cleaning, cleaning, etc. at Defendant D company, and Plaintiff B was the husband of Plaintiff A, and Plaintiff C was the father of Plaintiff C. The occurrence of the instant accident. Plaintiff A, around 07:33 September 7, 2014, was on the third floor of Defendant D company building and was on the first floor of the instant elevator, was suspended between the third floor and the second floor, while the instant elevator was stopped between the third floor and the second floor, and accordingly, Plaintiff A was able to have shocked and used in the instant elevator site.

(hereinafter the above elevator stop accident is referred to as “instant accident”). 2 Plaintiff A on September 7, 2014.

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