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1. The Defendants jointly and severally against the Plaintiff A, KRW 100,057,416, and KRW 53,371,610, and each of the said money.
Reasons
Basic Facts
The following facts shall not be disputed between the parties, or may be recognized by considering the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1, 2, 3, 8, 9, and Eul evidence Nos. 1 through 16 (including each number, if any):
Defendant D is an operator of Gnonoso (hereinafter referred to as “instant singing”) located on the first floor of the F of Gangseo-gu Seoul Metropolitan Government, and Defendant E Co., Ltd. (hereinafter referred to as “Defendant E”) is an insurer who purchased fire liability insurance regarding the instant singing with Defendant D.
At around 01:10 on November 25, 2017, Defendant D attempted to extinguish the fire (hereinafter “instant fire”) with four customers, including the deceased H (hereinafter “the deceased”), I, and J. However, Defendant D attempted to extinguish the fire, and avoided a large amount of poisonous gases out of the instant singing building.
However, the Deceased was unable to get out of the building, and around 02:25 on the same day when he was in the process of extinguishing fire, the Deceased was discovered in five singing rooms in this case, and died in a private person such as the inhalement of poisonous gas during the transfer to the hospital.
Plaintiff
A jointly inherited the deceased as his wife, Plaintiff B, and C’s children.
Since the deceased died due to the fire of this case caused by Defendant D’s negligence, Defendant D and the insurer, as the result of the tort, are jointly obligated to pay the plaintiff A the consolation money of KRW 136,931,060 [the deceased’s loss income of KRW 187,839,141 x KRW 3/7 of the deceased’s loss loss loss x inheritance of KRW 30 million] of the above plaintiff’s consolation money of KRW 37,954,040 [the funeral expenses of KRW 5 million] of KRW 77,954,040 [the deceased’s loss income of KRW 187,839,141 x KRW 50 million] of the above plaintiff’s loss x 2/7] of the above plaintiff’s loss.
Judgment
The following circumstances, which are acknowledged by the evidence that occurred prior to the occurrence of the liability for damages, are ① Defendant D, in this case.