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(영문) 서울중앙지방법원 2015.07.21 2013가합79813
손해배상(기)
Text

1. The Defendant’s payment of KRW 25,518,972 to Plaintiff A, KRW 5,00,000 to Plaintiff B, and each of the above amounts, from November 18, 2012.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Privatecheon-si C apartment 202 (hereinafter “instant apartment”).

(1) On November 18, 2012, Plaintiff A residing in No. 403, along with Plaintiff B, an elevator installed on the instant apartment on the fourth floor of the instant apartment (hereinafter “instant elevator”).

(B) an accident (hereinafter referred to as the “instant accident”) in which left crepans between the elevator floor and the wall crepans as the door of the elevator increases in open condition while arriving in the first floor of the elevator and leaving the elevator.

2) The elevator of this case was cut off with the engine shaped, and accordingly, the elevator of this case caused a breakdown accident while maintaining abnormal opening conditions at 7:00 hours after the date of the accident of this case, and the limited liability company SK elevator of this case (hereinafter “SK elevator”) had conducted facility inspection on the elevator of this case at least 9:0,000 on the same day, but failed to know the fact of the damage.

3) In the instant accident, Plaintiff A suffered from injury, such as an open flag which is not left-hand side, and received treatment by being hospitalized in the E hospital, F hospital, ordinary university hospital, etc. by no later than August 12, 2013 after receiving an operation on the left-hand flag and the blood flaging, etc. at the E hospital on November 18, 2012. The Defendant entered into a water liability insurance contract with the E Elevators with the content that the Defendant would compensate for the occurrence of an accident, such as the elevator managed by the EK elevator.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Gap evidence 15, Gap evidence 22-1 to 4, and the purport of the whole pleadings

B. According to the fact that the responsibility is recognized, the KS elevator is the manager of the instant elevator, and the instant elevator is the electric power.

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