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(영문) 수원지방법원 2014.10.16 2014가합4029
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. The basic facts of Defendant D are those who operate a karaoke bar with the trade name of “Granran bar” from F3 stories in eternia, and Defendant E is those who operate a singing practice room with the trade name of “H singing practice room” at the same place.

Defendant D’s dan, while running a singing practice room, Defendant E removed the middle and high-end partitions, opened the middle closed door, and operated a singing bar and singing room together with the structure for customers who have been in the singinging bar and singing room. On September 4, 2012, Defendant D (hereinafter “the network”) opened an emergency door in a singing practice room under the influence of alcohol content 0.275% and died of an emergency escape window installed in the singing room under the influence of alcohol content 0.5m outside the building, and died of an emergency escape door down to fall on the ground below approximately 8.5m from the building and fall on the ground.

(hereinafter referred to as “instant accident”. The emergency escape exit installed in a singing practice room did not have a warning letter, such as “satisfism,” and there was no safety measures facility, such as a rail, etc. for the prevention of fall.

Plaintiff

A The wife, Plaintiff B, and C of the deceased I are children of the deceased I.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Although Defendant D’s gist of the Plaintiffs’ assertion: (a) Defendant D’s dan; (b) Defendant E installed an intermediate fixed partitions in running a singing practice room; and (c) had a duty of care to install safety devices, such as attaching warnings to an emergency exit in preparation for the danger of falling of drinking customers; (b) it is an emergency exit in which customers who have run a singing practice room by removing the intermediate fixed partitions between the karaoke bar and the singing practice room; and (c) opening this door and operating the singing practice room as an establishment of a singing practice room.

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