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(영문) 춘천지방법원강릉지원 2020.11.18 2019가단1523
손해배상(기)
Text

1. The Defendant’s KRW 19,652,904 for the Plaintiff and KRW 5% per annum from May 6, 2017 to November 18, 2020 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Facts 1) The Defendant is a person operating a car page with the trade name “D” located in Gangwon-gun, Gangwon-gun, which is located in the outdoor space outside the above car page (the space between the car page and the delivery). On May 6, 2017, there was an accident that the Plaintiff, who was in India, laid down the Plaintiff in India (hereinafter “instant accident”).

3) Due to the instant accident, the Plaintiff received treatment by suffering from dynasiums, including the blusium and 4 or more cage cages (in relation to the cage cage cages, the Defendant stated the date of outbreak in the medical certificate as of May 8, 2017 and was not caused by the instant accident; however, on May 8, 2017, the Plaintiff’s overall content of the medical certificate; the Plaintiff’s seal affixed the crynasium and internal crys surgery at the E Hospital in relation to the blusium blusium cage blusium; in light of the results of the physical examination commission to the F Hospital and the fact-finding results, the above date of occurrence appears to have been mistakenly or inaccurate.

【Fact that there is no dispute over the basis of recognition, entry of Gap evidence Nos. 1 through 4, results of physical examination of the F Hospital of this Court and fact-finding results, the purport of the entire pleadings

B. According to the facts of recognition of liability, the Defendant, as the possessor and the owner of Pakistan, who caused the instant accident, was responsible for installing and managing the instant accident in a manner that does not cause any harm to another person’s body or property due to the wind, but due to any defect in installation or preservation that does not meet such safety requirements, caused the Plaintiff to incur such damage.

Therefore, the plaintiff is responsible for compensating for the damages incurred by the plaintiff pursuant to Article 758 (1) of the Civil Code.

As to this, the defendant's operation of the car page of this case is not good.

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