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1. The Defendants jointly share KRW 42,747,512 to Plaintiff A, KRW 28,265,008 to Plaintiff B, and KRW 27,65,008 to Plaintiff C.
Reasons
Basic Facts
Defendant M&A Co., Ltd. (hereinafter “Defendant Company”) is the owner of F&O in Chungcheongnam-gun E (hereinafter “the instant mountain site”).
From June 24, 2013, Defendant D leased and operated the accommodation business of this case from Defendant Company.
(1) G (hereinafter “the deceased”) was invested in No. 205 of the second floor of the mountain site of this case from November 6, 2014 to November 7, 2014.
(2) The height of windows 205 on the second floor of the mountain site of this case is about 73 cm and the window outside the window is about 2.6 cm of the width of the asphalt material.
The height from the ground to the roof is about 7 meters, and the roof is a valley and cement structure be a valley.
(3) On November 7, 2014, the Deceased felled from the roof through the window No. 205 of the instant mountain site on November 7, 2014, and died from a valley at the end of the roof.
(hereinafter “instant accident”). The Plaintiff’s wife, Plaintiff B, and C are the children of the Deceased.
[Ground of recognition] Facts without dispute, Gap's statements, Eul's evidence Nos. 1 through 5, 9, 10, 20 (including virtual numbers), Eul's evidence Nos. 2 (including virtual numbers), and Eul's assertion of the purport of the whole pleadings as to the purport of the whole pleadings, Defendant D did not take sufficient protective measures in proportion to the danger of the mountain site at the time of the accident at the time of the accident at issue, as the possessor and accommodation of the mountain site at the time of the accident at issue, and thus, Defendant D bears the responsibility
In addition, Defendant Company caused the instant accident by illegally expanding the mountain site of this case, and thus, Defendant Company bears liability for tort pursuant to Article 750 of the Civil Act.
Therefore, the Defendants are jointly and severally and severally liable to Plaintiff A [12,98,910,94 won in inheritance = 168,910,994 won in inheritance + 394,125,652 won in inheritance x statutory inheritance 3/7) x 20,000,000 won in inheritance x 132,980,328 won in inheritance x 112,607,328 [i.e., 112,607,328 won in inheritance x 394,125,652 in inheritance x statutory inheritance 2/7 in inheritance x 10,000 consolation money in inheritance x 10,000 won in inheritance x 10,373,000 won in inheritance x 122,607,328 won in inheritance =394,625,625 won in inheritance x statutory inheritance x 2/7.