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(영문) 부산지방법원 2019.02.21 2016가단64141
손해배상(기)
Text

1. The Defendants jointly share KRW 20,421,472 with the Plaintiff and the period from December 19, 2018 to February 21, 2019.

Reasons

1. Occurrence of liability for damages;

A. Around December 16, 2013, around 16:28, 2013, there was an accident where the Plaintiff (E) was on board a D building (the underground 4th and 22th floor size) owned by Defendant National Pension Service (hereinafter “Defendant Corporation”) located in Busan, and the Plaintiff (E) was on board at an elevator Ethmpt (hereinafter “Defendant Corporation”).

(2) The Plaintiff suffered an injury, such as cryp and cryp salt, due to the instant accident.

(3) The above building is owned by Defendant Corporation, which is occupied and used by Defendant Corporation, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that manufactures and supplies the instant elevator and takes charge of the maintenance and repair work.

(4) On May 26, 2014, the Plaintiff received KRW 1,700,000 as insurance money from an insurance company that concluded a product liability insurance contract with the Defendant Company.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1, 2

B. According to the above fact of recognition of liability, as the possessor of an elevator accident, the defendant Corporation is responsible for the damages suffered by the plaintiff due to the defect in the installation of structures and the maintenance of the elevator. The defendant company is a company in charge of manufacturing and supplying the elevator accident and maintaining it, and jointly with the Product Liability Act.

2. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

The victim's contribution to the occurrence of a specific injury to the victim due to the aggravation of the victim's contribution in competition with the accident, or the prolonged period of treatment, or the expansion of the subsequent disability after the completion of treatment, shall be the victim.

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