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(영문) 서울중앙지방법원 2017.01.19 2016가합537266

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

가. 망 G(이하 ‘망인’이라고 한다)는 2016. 3. 14. 03:28경 서울 서대문구 H 지상 건물(이하 ‘이 사건 건물’이라고 한다) 지상 1층에서 지하 1층 I노래방(이하 ‘이 사건 노래방’이라고 한다)으로 내려가는 계단(이하 ‘이 사건 계단’이라고 한다)에서 발을 헛딛고 계단에서 굴러 떨어져 외상성 경막하출혈을 입었고, 위 상해를 원인으로 2016. 3. 28. 사망하였다

(hereinafter referred to as the “instant accident”) which resulted in the death of the deceased.

The plaintiff A, a spouse of the deceased due to the death of the deceased, succeeded jointly to the deceased's property at the ratio of 3/7, and the plaintiff B and C, a child of the deceased, at the ratio of 2/7.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 5, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The main point of the Plaintiff’s assertion is that there is no lighting on the instant stairs, and the height of stairs is not a rule, and there was no system to prevent a slick, and there was no warning sign, and there was no protective measure to the extent generally required by social norms, such as that there was no protective measure.

In particular, from the 1st floor of the instant building to the instant stairs, there is a height of about 10cc height, and the said spher part is located in the spher, and when compared to the 20cc height of each group of the instant stairs, it was considerably low so that vaddi was left unattended without any other measure even though it is highly likely to do so, and the deceased caused the death of vaddi in the above spher part.

Ultimately, there was a defect in the installation and preservation of the instant stairs, which are a structure, and the Deceased caused death due to the defect in the instant stairs, and as such, Defendant D, who primarily occupies the instant stairs as an operator of the instant singing room, is the Civil Act.

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