손해배상 청구의 소
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Around 00:20 on September 13, 2015, the network E (hereinafter referred to as “the network”) went beyond a toilet located between the first and second floors while drinking alcohol in a commercial building located on the first floor located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”) located in Defendant D (hereinafter “instant building”) (hereinafter “Defendant C”), which is owned by Defendant D, and the head of the building was killed.
B. The plaintiffs are the inheritors of the deceased.
[Ground of recognition] Facts without dispute, entry and video (including paper numbers) in Gap evidence 1 to 9, the purport of the whole pleadings
2. The main point of the plaintiffs' assertion is that the building of this case is a neighborhood living facility, and customers who drink alcohol in the door of the door of the door of the house are likely to flow out of the stairs or to fall from the stairs in order to use the toilet.
Nevertheless, Defendant D, as the owner of the above building, installed the toilet between the 1-2 floor and did not set up on the 1st floor. ② The 1st height of the stairs was installed more than the 15-16 cm higher than the ordinary height, and did not have any 20 cm to prevent the collapse. ③ While the entrance of the stairs in the building in this case is not always put at all times during the business hours of the stores in this case, it was installed so that the electric light position can turn into the electric light, and the accident in this case occurred due to the defect in the installation and preservation of the above structure.
In addition, even though the Deceased was under the influence of alcohol, Defendant C neglected his duty of care to guide the Deceased as a toilet or to prevent accidents at least on the entrances of stairs, and caused the accident of this case.
Therefore, the Defendants, in accordance with their share of inheritance, received a total of KRW 85,709,546, and KRW 50,000,000, and KRW 85,709,546, as a result of the instant accident, to Plaintiff A, according to their share of inheritance.