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(영문) 서울남부지방법원 2019.11.13 2017가단241592
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a juristic person that manages and operates E (hereinafter “the instant resort”) in Chungcheongnam-si.

B. The background leading up to the occurrence of the accident 1) the network F (hereinafter “the network”).

(1) On October 18, 2014, while administering in the instant resort building as an elementary school teacher and undergoing the training of teachers, the Plaintiff opened an emergency exit of the 3rd floor of the instant resort building in the influence of alcohol on October 18, 2014, and fell down on the ground below 4.8m above the 116cm height of the pents of the 116cm (hereinafter “instant accident”).

). 2) 망인은 툭숙객에게 발견되어 2014. 10. 18. 1:33경 119 구조대에 의해 인근 병원으로 긴급 호송되었으나, 같은 날 2:29경 사망하였다.

C. The plaintiff A is the deceased's spouse, and the plaintiff B and C are the deceased's children.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 13, Eul's evidence, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiffs’ assertion appears to have the street and guest room on the first floor in front, but the second floor is high, and there was no safety device, such as a guide sign or warning device to know the falling risk at the end of the corridor. The Defendant, the lodging businessman, is liable to compensate for the damages of the instant accident caused by the instant violation of the duty of safety care for the defect of the said facility or the visitors.

Therefore, the defendant is liable to pay the amount of 58,347,295 won to the plaintiff A, who is the inheritor of the deceased [(20,745,750 won in lost earnings of 579,467,330 won in lost earnings of 579,467,330 won in lost earnings of 72,31,548 won in lost earnings of 72,300,000 won in loss of 100,000 won in loss of 239,745,750] x 3/7 inheritance shares in survivors' benefits x 38,898,196 won in lost earnings of 38,898,330 won in lost earnings of 579,467,330 won in lost earnings of 72,311,548 won in loss) x fault set off 50% in survivors' benefits 239,745,750 won in loss of inheritance /214];

(b) Compensation;

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