Responsibilities for joint tort committed by the addiction and the owners and managers of women, and the joint tort committed by the guests in the area.

Even though there is a duty to pay attention to prevent gas addiction accidents by taking all necessary measures to prevent the oxygen gas generated in heat as an operator of a brigade, but neglecting this duty to care so as not to cause gas addiction accidents, if the floor of a brigade is neglected to cover the guest, and if the gas of a gas gas in a smokeproof room is shot out, it is caused by the defect in the construction or preservation of the influence building, and the possessor or the owner of the above building is jointly liable for damage.

Articles 758 and 760 of the Civil Act

Supreme Court Decision 73Da565 delivered on September 25, 1973 (Supreme Court Decision 73Da565 delivered on September 25, 197, Decision 758(19)567 of the Civil Act, Court Gazette 475No7537 delivered on September 25, 197)

Plaintiff 1 and one other

Defendant 1 and one other

Suwon Branch Court of Seoul District Court (76Gahap18) (Supreme Court Decision 76Gahap18)

1. Of the parts against the Defendants in the original judgment, the part ordering the Plaintiffs 1 to pay in excess of the amount equivalent to five percent per annum from December 25, 1975 to December 25, 1975, the part ordering the Plaintiffs 2,603,137 won, and each of these parts, shall be revoked, and the plaintiffs' claim for the above part shall be dismissed.

2. All remaining appeals by the Defendants and the plaintiffs are dismissed.

3. The costs of the lawsuit are five-minutes through the first and second trials, and their four-minutes are assessed against the Defendants, and the remainder are assessed against the Plaintiffs, respectively.

The Defendants jointly and severally pay to the Plaintiff 1 an amount of KRW 6,354,765, KRW 3,253,382 and an amount of KRW 5% per annum from December 25, 1975 to the date of full payment.

The costs of lawsuit shall be borne by the defendants, and a declaration of provisional execution

The plaintiffs shall revoke the part of the original judgment against the plaintiffs.

(Partial Extension of Claim) The Defendants jointly and severally pay to Plaintiff 1 the amount of KRW 1,623,621, KRW 941,661, and the amount of KRW 5% per annum from December 25, 1975 to the date of full payment.

The costs of litigation shall be borne by the Defendants in both the first and second instances, and the Defendants shall revoke the original judgment.

The plaintiffs' claims are dismissed.

The judgment of both the first and second courts that the litigation costs shall be borne by the plaintiffs.

1. Occurrence of liability for damages;

In light of the whole purport of the pleadings, Defendant 2, from October 20, 1975 to October 27, 1975, installed 27 years old-gu 1-dong 1-2, and 1-dong 2-dong 1-2, and operated 9 accommodation businesses (title omitted) with the Defendants living together at the above 1-2, and the above 1-22:0 on December 24, 1975, it was difficult to find that the above 1-2 and 3-2 of the court below's records (the criminal records against Defendant 2) were less than 76 high-level 199, and that the above 1-year 1 and 3-dong 1-dong 1 and the above 1-dong 1-dong 1, the above 1-year 1, the Defendants were not able to find out the gas-proof room, and the above 1-year 2, the above 1-year 5-year 2, 1975.

Thus, this accident occurred due to the defect in the construction or the maintenance of the above female building, and the defendants, as the possessor or owner of the above building, shall be liable for the damages suffered by the plaintiffs.

2. Scope of damages.

Comprehensively taking account of the descriptions of Gap evidence 1 (No. 1), No. 4-1, 8 (Simplified Life Card), 14-1, 2 (Construction Price Mark), and the testimony of non-party 3, the deceased non-party 1 and the deceased non-party 1 were born on December 19, 1955 at the time of the accident of this case ( December 25, 1975), the average life of the male who was 20 years old at the time of the accident of this case (including December 25, 1975) was 49 years old, and if there was no accident of this case, the average life of the male who was 23 years old from the date and time of the accident of this case was 23 years old from the date and time of the accident of this case, the wage as of March 3, 197 can be at least for urban daily work from the date and time of the accident of this case to the age of 25 years from the date of the accident.

According to the above facts, the above deceased may obtain a net income of KRW 32,500,00 for daily living expenses, even if 15,000 for each month (1,90 won x 25 days) after he/she worked for at least 47,500 won for daily living until he/she ends his/her military service for 3 years after he/she completed his/her military service for 55 years, and thus, he/she may obtain a net income of KRW 32,500 for daily living expenses, which can be earned for 31 years from 23 years to 55 years of age, during which he/she completed his/her military service for 3 years, until 31 years of age 5/12 percent for which the plaintiff seeks the interim interest rate for 5,209,413 won [32,500 won 】 419 months 】 32,500 won for 193-36 months 294].

In addition, since the above property damages were jointly inherited by the plaintiffs due to the death of the non-party 1, they are divided according to their shares of inheritance, the plaintiff 1 is the 4,806,275 won, and the plaintiff 2,403,137 won, and the defendants are obligated to compensate for each of the above amounts.

In addition, in full view of the statements in Gap evidence 9-1 to 10 (each receipt) and some of the testimonys of the above witness, the plaintiff 1 can be acknowledged that he consumed the sum of 308,700 won with the death of the non-party 1 as a result of the death of the non-party 1, and there is no counter-proof otherwise. Since the above funeral expenses, etc. are recognized as expenses within reasonable scope in view of the circumstances of the plaintiffs and the non-party 4's family, property status, and social status, etc., the defendants are obligated to compensate the plaintiff 1 as active damages.

(b) consolation money;

① The consolation money of the deceased non-party 1: since the deceased non-party 1 was well-known that caused mental pain when the deceased died due to the accident in this case, the defendants are obligated to act in monetaryly, and with regard to that amount, 150,000 won should be paid in consideration of the circumstances of the accident in this case, the deceased's age, educational background, and all other circumstances indicated in the records. Since there are no special circumstances that the deceased renounced it, if divided according to its ratio to the plaintiffs who inherited it, the consolation money shall be KRW 10,000 for the plaintiff 1 and KRW 50,000 for the plaintiff 2.

② The Plaintiffs’ consolation money: (a) the Plaintiffs’ emotional distress is obvious in light of the empirical rule that the Plaintiffs’ emotional distress is obvious; (b) the Defendants have a duty to pay it in money; (c) according to the above various evidences, Plaintiff 1 was 48 years of age at the time of the instant accident; and (d) Plaintiff 2 was 40 years of age, and Nonparty 1 was her her her son and her her her her her her her son, and operated the bath; and (e) taking into account the occurrence of the instant accident, status relationship, and all other circumstances indicated in the record, it is reasonable to pay 150

3. Therefore, the defendants are jointly and severally liable to pay the amount equivalent to 5,364,975 won and 2,603,137 won to the plaintiff 1 and the amount equivalent to 5% per annum from December 25, 1975 to the full payment date. Thus, the original judgment recognized a different amount of money. Thus, the part that exceeds the above recognition is revoked, and the remaining appeal and the appeal by the plaintiffs are all dismissed, and each provisional execution is not subject to Articles 96, 93, 92, and 89 of the Civil Procedure Act and Articles 92 and 89 shall not be subject to provisional execution.

Judges Park Young-young (Presiding Judge)