1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The defendant is a corporation mainly engaged in the construction, operation, etc. of urban railroads in Seoul Special Metropolitan City.

B. On December 3, 2017, E (hereinafter referred to as “the deceased”) died of the head, bones, and satisfying down a propaton transfusion by facing the front part of head on the floor while going beyond 723-1 non-wide 1 exit from the unification of Eunpyeong-gu Seoul Metropolitan Government.

(hereinafter referred to as “instant accident”). C.

Plaintiff

A’s spouse, Plaintiff B, and C succeeded to the deceased as his child.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number)

2. The assertion and judgment

A. The deceased asserted that he was killed due to the shocking of the spares of the subway entrance, which was caused by the shocking of the spares. Since the stairs of the subway entrance failed to meet the safety ordinarily required according to their usage, the defendant should compensate the plaintiffs who succeeded to the deceased pursuant to Article 758 of the Civil Act for the damages caused by the instant accident.

However, the Defendant’s liability should be limited to 50% of the negligence of the Deceased. As such, KRW 135,885 of the medical expenses of the Deceased, KRW 1/2 of the funeral expenses, KRW 2,500,000 of the funeral expenses, and KRW 30,000 of the Deceased’s consolation money shall be paid according to the Plaintiffs’ share of inheritance, and KRW 20,000,000 of the consolation money shall be paid to the Plaintiff A, and KRW 10,000,000 shall be paid to the Plaintiff B and C, respectively.

B. (1) Article 758(1) of the Civil Act provides, “If any damage is inflicted on another person due to a defect in the construction or preservation of a structure, the possessor of the structure is liable for compensating for the damage. However, if the possessor fails to exercise due care necessary for the prevention of damage, the owner shall be liable for compensating for the damage.”

The term "defect in the installation and preservation of a structure" means a state in which a structure does not have the safety ordinarily required according to its use, and such safety is the same.