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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 28, 2014, at around 23:20, the Plaintiff sustained injury by putting the F said stairs (hereinafter “instant stairs”) out of the back, following them. On the same day, at around 23:51, the Plaintiff was sent to the emergency room of the Gangnam Synam Hospital and received medical treatment.
B. On the day when the above accident occurred, the stairs of this case were made of the chemical substance of the grancium, and both sides were installed with steel knife.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 2 and 3
2. The Plaintiff’s assertion that the instant stairs had not been installed for preventing a considerable decline in a long time, and there was no warning phrase, which led to the Plaintiff’s injury. This constitutes the installation and defect of the structure stipulated in Article 758 of the Civil Act. As such, the Defendant shall compensate for damages equivalent to KRW 5 million for medical expenses incurred from the Plaintiff’s injury, KRW 10 million for future medical expenses, KRW 35 million for damages, and KRW 50 million for total amount of KRW 50 million for damages.
3. The facts that the plaintiff sustained injury after being cut back from the stairs of this case are as seen above, but the defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to the state in which a structure does not have safety that must be equipped for the purpose of its use (see Supreme Court Decision 2004Da21053, Jan. 26, 2006). Thus, it is difficult to view that the plaintiff has a duty to take protective measures to prepare for the situation in which the plaintiff anticipated that the stairs of this case should be broken out to the following end, and it is insufficient to recognize that the stairs of this case were not stable only with the entries in the evidence Nos. 1 through 5 alone, and there is no other evidence to support this.
4. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.