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(영문) 창원지방법원 2016.04.21 2015나37034
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 26, 2014, the Plaintiff, which was operated by Daedong department stores Co., Ltd. (hereinafter “Defendant department stores”), was located in the second floor of the building of Daedong department stores, in excess of a corridor to the hallway, the Plaintiff exceeded the boundary line of the carpet office and the corridor and exceeded the left part of the front side.

B. The carpet in which the above accident occurred is separate from the corridor, and there is approximately 3 cm higher than the floor of the carpet site than the adjacent corridor in order to put the table and the chair.

C. On February 19, 2009, the Defendant department stores commenced rehabilitation procedures with the Changwon District Court 2009 Gohap14, and the Defendant is the administrator appointed for the Defendant department stores.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion department store manages facilities including carpets and corridors while operating the department store. As such, the Defendant department store has a duty of care to manage the facilities so that customers can move safely without confirming the floor.

However, since the defendant department store differs from the height of the carpet floor and the corridor floor, and the plaintiff was negligent in neglecting to lower the hallway floor due to the strings, etc., the defendant is liable to compensate for damages caused by breach of duty of care pursuant to Article 750 of the Civil Act or for damages caused by defects in the installation and preservation of structures pursuant to Article 758(1) of the Civil

3. The following facts as to whether liability for damages has arisen are not disputed between the parties, or may be recognized by comprehensively taking account of the descriptions of evidence No. 7 (including a serial number; hereinafter the same shall apply), No. 1 and the whole purport of pleadings:

① The Defendant department store has managed the floor of the second floor by cutting down the strings. ② The Kapet floor, which is the place of the accident, was higher than the adjacent corridor, and the boundaries of the Kapet floor and the hallway floor were in the shape of a shym shym, not the string of steel-frames in the form of a shooting line, but the string of the strings.

③ On the other hand, carpets.

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