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1. The Defendant’s decision on performance recommendation for the claim for reimbursement against the Plaintiff is based on the District Court Decision 2017 Ghana31415.
Reasons
1. Facts of recognition;
A. (1) B, around 17:30 on April 30, 2016, the Plaintiff’s occurrence of the instant accident: (a) visited CD located in Yangju-si, which was operated by the Plaintiff, and went out through the entrance. (b) The above entrance was made up of glass and iron, and opened in the front and rear direction. The third party was first going out through the above entrance, and (b) B was intending to get out of the door that was closed, and was damaged by partially cutting off the left hand due to the fall short of the door.
(2) On July 14, 2016, the Defendant paid KRW 3,263,930, excluding KRW 973,560, the Defendant paid KRW 3,263,930, out of the total medical expenses incurred in relation to the instant accident by July 14, 2016.
2) The Defendant filed a lawsuit against the Plaintiff and Hyundai Marine Fire Insurance Co., Ltd. seeking payment of KRW 3,255,820 out of the above payment amount and delay damages therefrom (this Court case’s claim amount No. 2017 Ghana31415) and decided to recommend performance on August 29, 2017 (hereinafter “decision to recommend performance of this case”).
(3) The court below's decision was affirmed as it is against the plaintiff, and the above decision became final and conclusive as it is. 【Ground for Recognition', 1, 3, 5, 6 evidence, 1, 2, 5 through 9 evidence Nos. 1, 2, 5 through 9 (each entry and video of each number, and the purport of the whole pleadings).
2. Determination
A. The summary of the Plaintiff’s assertion cannot be deemed to have been negligent by the Plaintiff in the occurrence of the instant accident, and thus, compulsory execution based on the instant decision of performance recommendation should be rejected.
B. “Defects in the installation and preservation of a structure” under Article 758(1) of the Civil Act, in which one of the liability for damages arises, shall be ordinarily equipped for the purpose of the structure.