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(영문) 서울중앙지방법원 2020.06.17 2019나30548
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant C is the owner of the building of five stories in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”), and Defendant B is a person who is operating the studal supply site with the trade name of “E” by leasing three stories of the instant building.

B. On January 8, 2017, when the Plaintiff visited and returned to the above winghouse operated by Defendant B, the Plaintiff was subject to an accident of cutting off the stairs between the 3rd floor and the 2nd floor of the instant building, resulting in an accident of cutting down the upper part of the upper part of the upper part of the lower part of the lower part of the building (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On January 8, 2017, the Plaintiff was suffering from an accident that was cut off from the stairs between the third floor and the second floor of the instant building, and entered the upper upper upper upper floor of the left-hand side, and there was a defect in the installation, as the stairs in which the instant accident occurred are narrow, high, and high, as the stairs in which the width is narrow, high, and there is a defect in the installation.

In addition, there is also a defect in preservation, such as the industrial accident of PPs and guns, etc. presumed to have occurred in the places of business operated by Defendant B at the place of stairs between the third and second floors of the instant building.

B. The Defendants are co-Possessors of stairs that are structures, and are liable for damages incurred by the Plaintiff due to defects in the installation and preservation thereof (main claim), or Defendant C is liable for damages as the owner of stairs.

(Preliminary Claim) 3. Determination

A. As a result of the court of first instance’s entrustment of appraiser F to the appraiser F by the court of first instance, the following facts are acknowledged according to the results of the fact inquiry about the appraiser F by this court, the respective descriptions of evidence Nos. 6 and 8, and the purport of the whole arguments.

1. The Plaintiff’s stairs installed on the third floor and the second floor of the instant building are the Building Act and the buildings.

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