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(영문) 인천지방법원 2016.01.12 2015나7367
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 26, 2014, around 18:30, the Plaintiff visited the E Licensed Real Estate Agent Office operated by Defendant C with the first floor of Seo-gu Incheon Seo-gu (hereinafter “instant building”) and opened a gate outside the instant building and entered the said office to cover toilets located behind the instant building. Of the two entrance spaces in the front bank, the Plaintiff was aware of the stairs coming to the ground of the instant building, not the left door leading to the toilet, but the stairs falling to the right side of the instant building (hereinafter “the instant accident”). The Plaintiff was subject to the accident, namely, the instant accident”).

B. The Plaintiff, due to the instant accident, was hospitalized and treated for outpatients at the center of the upper mouths that need approximately 8 weeks of treatment, after being hospitalized and treated for outpatients, and was destroyed by a grat that was worn at that time.

C. The owner of the instant building is Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6 through 9, 14, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The defendants are the occupants and owners of stairs coming down to the underground of the building of this case, which are structures stipulated in Article 758 of the Civil Code, and they are installed adjacent to the door leading to the toilets behind the building of this case at night. The defendants are sufficiently aware that there is a risk of suffering from accidents, such as digging away, etc. when coming to the underground stairs leading to the toilets. However, even though they did not install electric lights near the underground stairs, they did not install a door near the underground stairs, and they did not install a door to close it, and the accident of this case occurred due to defects in the installation or maintenance of structures that did not attach a notice to properly inform the method of passage.

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