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(영문) 서울고등법원 2019.10.17 2018나2069807
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff A is a net L (Mar, hereinafter “the deceased”).

The father is the deceased’s mother, and the Plaintiff B is the deceased’s mother. 2) The Defendant is a company for export and import business, department store management, etc., and is a company that leases a building from the G Co., Ltd., which is located in the Gui Government-si H (hereinafter “I station”) and manages the common areas within the I station while operating the K department store.

G Company was entrusted by the Korea Railroad Corporation with the management of the section for common use in the I Station, and the Defendant leased commercial facilities, etc. in the I Station from G Company to manage the section for common use.

B. 1) The Deceased’s stairs, which, around June 3, 2017, came from the third floor to the second floor of the exit, No. 7, I Station, around 19:30 on June 3, 2017 (hereinafter “instant stairs”).

(B) Handrails on the second floor (hereinafter referred to as “instant rail”) without speeding while getting a string bicycle (BM) for a tomb that does not have a brake device.

)에 충돌하였고, 그 충돌한 난간살 ‘난간봉’이라고도 지칭하나 이하 ‘난간살’이라 한다. 의 일부가 빠지면서 I역사 밖으로 튕겨져 나가 8.8m 아래 지상으로 추락하였다(이하 ‘이 사건 사고’라 한다

2) On June 10, 2017, the Deceased died due to brain injury on credit at around 20:47, while receiving treatment at a P Hospital due to the instant accident.

C. 1) The rail of this case is installed and its form 1) The part of the rail of this case, which is the section for common use in the International Station managed by the defendant, is widest in the middle of the stairs of the second floor located in the 3th floor to the 1st floor among the stairs of this case, which are the section for common use in the 1st floor under the defendant's management. It refers to the part installed for the purpose of altering the direction of stairs, or for escape, rest, etc. It refers to the place installed for the purpose of altering the direction of stairs or for escape, rest, etc.

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