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(영문) 광주고등법원 2017.09.29 2015나2538
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendants (Divisions) installed an elevator on the outer wall of the instant building (hereinafter “instant elevator”) for the purpose of using in transporting bread and materials to a warehouse located on the fourth floor of the instant building around February 2013, as the owner of the fourth floor located in Gwangju-dong D (hereinafter “instant building”).

B. The instant elevator, after fixing steel bars at a height of about 12 meters from the outer wall of the instant building, connects the steel structure with a height of 0.93 square meters in direct land form, and 1.95 meters high from the outer wall of the instant building, so that it can move to the uppermost by means of a cooling system and the stringer, and the load weight is about 100 to 150km.

C. The Defendants, the managing body of the instant elevator, operated the said elevator from May 1, 2013 to June 15, 2013 without undergoing the completion inspection under Article 13(1) of the Elevator Facility Safety Management Act (hereinafter “elevator Act”). Accordingly, Defendant B received a summary order of KRW 3,00,000 by the Gwangju District Court Decision 201 High Court Decision 201Da1551 on February 12, 2014.

(A) Defendant B filed an application for a formal trial with the Gwangju District Court 2014 high-level381, but on April 25, 2014, the above summary order became final and conclusive upon withdrawal of the above claim. (D)

On June 9, 2013, the Plaintiff entered into a contract with Defendant B, representing the Defendants, for the waterproof Construction Work of the instant building (hereinafter “instant construction”) by setting the contract amount of KRW 13,00,000 and one week for the construction period. On June 15, 2013, the Plaintiff, on board the instant elevator by mixing it with the instant elevator for the completion of the instant construction work, and cutting off the instant elevator, resulting in the Plaintiff’s injury to the 14 meters high from the wind falling from approximately 14 meters of the said elevator, such as the 1st pulverization aggregate and the eculatory aggregate, and the 1-2th Tulical damage, etc. caused by the vegetable aggregate.

(hereinafter referred to as “instant accident”). [Grounds for recognition] without dispute, Gap Nos. 2, 3, 5, and 5.

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