(영문) 서울남부지방법원 2017.06.15 2016가합102994

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(영문) 서울남부지방법원 2017.06.15 2016가합102994

손해배상(기)

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff A is the mother of the deceased E (hereinafter "the deceased"). The plaintiff B is the father of the deceased, and the plaintiff C is the sibling of the deceased.

B. The Defendant is the owner of the fourth floor above the ground level in Guro-gu Seoul Metropolitan Government (hereinafter “instant building”).

C. From January 12, 2016, the Deceased was under influence of alcohol in the “G” shop located on the first floor of the instant building from around 22:2, and around 03:09 on January 13, 2016, and around 03:57 on the same day, the Deceased was suffering from an accident (hereinafter “instant accident”). Accordingly, the Deceased was destroyed by two parts and died at that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 10 evidence (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul's statements and images, Eul's testimony, and the purport of the whole pleadings

2. The above underground stairs and their doors of the building of this case were defective in the installation and preservation of the above underground stairs and their doors of the building of this case, which were ordinarily equipped with safety according to their respective purposes. As a result, the accident of this case occurred, and the deceased died, the defendant, the owner of the building of this case, is liable to compensate the plaintiffs, the heir, who are the deceased's family members.

3. Determination

A. The defect in the establishment and preservation of a structure of the relevant legal doctrine refers to a state in which a structure does not have safety ordinarily according to its intended purpose, and it does not have a high level of safety to maintain the complete state at all times in the installation and preservation of a structure.

Since it cannot be said that there is a defect in the installation or preservation of the structure, the extent of the duty to take protective measures imposed on the installer or custodian of the structure is the same.

유사 판례

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