1. The plaintiffs' claims against the main defendant D and the conjunctive defendant E are all dismissed.

2...

1. Basic facts

A. On December 21, 2015, around 21:30, the networkF (hereinafter referred to as “the network”): (a) performed an injury on the part of the 2nd floor of the 4th floor building (hereinafter “instant building”) G located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant main point”); (b) performed drinking by three persons; (c) performed drinking as well as the stairs leading to the 2nd floor to the 1st floor (hereinafter “instant stairs”); and (d) died on December 24, 2015, while treating the instant building, around 00:40.

(hereinafter “instant accident”). B.

Plaintiff

A’s spouse, Plaintiff B, and C are the deceased’s children, and Defendant E is the owner of the building of this case, and Defendant D is the person who leased from Defendant E the second floor of the building of this case and operates the main points of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 6 (including additional entry; hereinafter the same shall apply) and the purport of whole pleadings

2. The judgment of this Court

A. The Plaintiffs’ assertion that the instant stairs were in a state of failing to have safety ordinarily required at the time of the accident, and the accident of this case occurred. Accordingly, in accordance with Article 758(1) of the Civil Act, the Defendant D, the possessor of the instant stairs, as the primary manager of the instant stairs, sought damages from Defendant E, the owner of the instant building, due to the defect in installation and preservation of the instant stairs.

B. Determination of the defects in the establishment and preservation of a structure under Article 758(1) of the Civil Act refers to the state in which a structure fails to meet the ordinary safety requirements according to its use. In determining whether such safety is satisfied, whether the installer and the custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.