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(영문) 서울북부지방법원 2015.08.18 2014가단121843
손해배상(기)
Text

1. The Defendant: (a) KRW 4,421,685 for each of the KRW 6,632,527 for Plaintiff A and each of them from February 18, 2014 to Plaintiff B, C, and D.

Reasons

1. Basic facts

A. The Plaintiffs are the successors of the network G (hereinafter “the deceased”) residing in 303 Do 1011, Gangnam-gu, Seoul, and the Defendant is the housing management agency responsible for the management, maintenance, and repair of the F apartment complex.

나. 망인은 2014. 2. 16. 오후경 같은 아파트 4층에 사는 지인의 집에 방문하였다가 저녁식사 및 음주를 한 후 21:00경 ‘같은 아파트 4층에서 3층으로 내려가는 비상계단’ (이하 ‘이 사건 계단’이라 한다)에서 발을 헛딛는 바람에 계단에서 구르면서 후두부 두개골 골절을 입었다.

C. The Deceased transferred to a nearby hospital on the same day, but died on February 18, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 10 (including additional numbers), Eul evidence 1 and 2, the purport of the whole pleadings

2. Although the plaintiffs' alleged stairs of this case should maintain an emergency lighting to maintain more than 1lx maps under the Fire Services-Fighting-Related Acts and subordinate statutes, since there is no inducement and emergency, etc. due to the defendant's violation of the defendant's duty to supervise the safety of public structures, so the deceased's death was caused, the defendant is liable to compensate

3. Determination

A. (1) The occurrence of liability for damages refers to a defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a situation in which the structure is in a state of failing to have safety ordinarily required according to its intended purpose. In determining whether such safety is satisfied, the determination shall be based on whether the installer or custodian of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see Supreme Court Decision 2008Da61615, Feb. 11, 2010). In addition, an accident resulting from a defect in the installation or preservation of a structure is the only defect in the installation or preservation of the structure.

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