Text
1. All appeals by the plaintiff (appointed party) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. The Plaintiff and the designated parties are residents of the Seo-gu Seoul metropolitan apartment, and the Defendant entered into a contract with the council of occupants' representatives of the D apartment around March 2014 for the maintenance of the elevator of the D apartment.
B. On May 21, 2017, around 17:06, the Plaintiff and the Appointed B entered the front of the instant D apartment 8th elevator 101 Dong 101, and at the time of the designation, C (the Plaintiff and the Appointed B’s children) together with the Plaintiff and the Appointed B, to discard the meal glass (the size 1,400m x 800m x 5m) used at home (the size 1,400m x 5m).
C. The Plaintiff and the Appointer B, who made the above elevator door the direction of the table glass, are the end of the table glass, and the Plaintiff was on board the above elevator first, and the Appointer B tried to board the elevator after the end of the table glass other than the table glass, but the door of the above elevator was closed, and the table glass was moved from the 8th to the other floor, and the table glass was shocked by the above elevator board and the table glass was damaged. As a result, the above elevator board and the table glass were destroyed.
(hereinafter “instant accident”). D.
The Plaintiff paid KRW 2,809,400 to the above D Apartment Management Office at its repair cost.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. In general, in the event that any object is laid between the entrance of the elevator alleged by the Plaintiff, the entrance shall be opened again because the safety gate operates.
However, despite the fact that the above elevator was not opened by the door, it is due to the manufacturing defect or management defect of the safety gate installed in the elevator. If it is not operated without reducing the thickness of 15 meters or less, it is a manufacturing defect or management defect.