손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts are either not disputed between the parties, or acknowledged in full view of Gap evidence 2, Gap evidence 4-1, and Gap evidence 3-1, 2, and 3, and the purport of the whole pleadings.
E, while working as the factory head of the branch factory located in Chungcheongnam-si, visited Dok-si on April 26, 2012 for the supply of transaction partners around 20:30 on April 26, 2012, as well as F, the president of the branch factory located in Chungcheongnam-si. The E agreed to deliver the land to the transaction partner at around 06:00 on the following day.
B. E, with F, she spawn with drinking at a spawn and drink at the bar, around 01:10 on April 27, 2012, 201, the Defendant’s Hasan-si “Hel” located in G (hereinafter “instant telecom”), and F was accommodated at No. 507.
C. At around 03:20 on April 27, 2012, E died after falling from the window (it is installed at a height of 49cm from the floor, and the width of the complete heat reaches 50cm) (hereinafter “instant accident”), and as to the background of the fall of E, it is not revealed despite the investigation by the investigative agency.
Plaintiff
A is the spouse of E, and the plaintiff B and C are the married children of E.
2. The plaintiffs' assertion and judgment
A. The gist of the plaintiffs' assertion is that the defendant, while running the telecom, has a duty to install the telecom window in order to ensure the safety of guests in preparation for the case of falling down through the window by negligence, or install safety facilities to prevent the fall on the window (the duty to protect guests). However, in violation of the above duty, the defendant installed the window height at a height of 49cm at an adult knee height and did not meet safety facilities.
Therefore, the defendant is liable for damages suffered by E and the plaintiffs due to the accident of this case.
The deceased is suffering from the accident of this case.