손해배상
1. The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 4, Gap evidence Nos. 6, Gap evidence Nos. 5-1 to 6, and witness evidence No. D's testimony, and there are no counter-proofs.
On September 28, 2015, around 22:00, the Plaintiff was subject to the accident of seeking eight stairs (hereinafter “instant accident”). Around September 28, 2015, the Plaintiff, from the first floor to the second floor located inside the drinking house (hereinafter “F”) located inside the members of Ansan-si E building 106 (hereinafter “instant drinking house”) that was operated by Defendant B, was due to the accident of seeking eight stairs (hereinafter “instant accident”).
B. The Plaintiff received surgery, such as double flaging and flaging surgery, due to the instant accident, by suffering from an injury to blood transfusion, etc., but is currently in an unknown state.
C. Despite the fact that the interior of the instant drinking house is a building of the first floor on the building ledger, it is remodeled to illegally install two floors, and the instant stairs were stairs going to the second floor from the building to the second floor.
Defendant C is the owner of the instant drinking house building.
2. The Plaintiff’s cause of the instant claim is the Plaintiff’s cause of the instant claim, and even if the instant drinking house is the first floor building on the building ledger, Defendant B illegally remodeled the interior, and suffered injury from the instant stairs that were set up on the second floor while illegally remodeling as above. As such, there exists a defect in the construction of the structure that is illegal interior, and Defendant B is the possessor of the instant drinking house, and Defendant C is jointly and severally liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the defect in the installation and preservation of the structure.
3. Determination
A. Article 758(1) of the Civil Act of the relevant legal doctrine causes damage to another person due to defects in the installation and preservation of a structure.