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1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.
Reasons
1. The defendant is a person who operates the F Ground Building in Ulsan-gu (hereinafter referred to as the "instant building") with the trade name "G" on the second floor of the building in Ulsan-gu.
Plaintiff
A was found to be a person who came to be a mast leading to the housing of the third floor of the instant building on March 17, 2016, while Plaintiff B’s wife, Plaintiff C, and D are children of Plaintiff A, Plaintiff C, and Plaintiff B.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiffs' assertion 1) The plaintiff Gap, while under the influence of alcohol, went back to the above main points and returned to the above main points, and the stairs going to the above main points (hereinafter "the instant stairs").
(2) While the Defendant, who is in possession of and manages the stairs of this case, has a duty to take protective measures, such as cutting the rail, installing equipment to prevent the fall outside of the rail, etc., he/she is negligent in failing to perform such duty of care in the installation and preservation of the rail, thereby causing injury to A.
Therefore, the defendant is obligated to pay the plaintiff A the lost earnings, the king medical expenses, the future medical expenses, nursing expenses, and consolation money, and is obligated to pay consolation money to the other plaintiffs, who are their family members.
3. Fact-finding 1) The above main points are located on the second floor of the building of this case. Thus, in order to go to the above main points, it must go to the stairs of this case, and the third floor of the building of this case is being used as the house of Nonparty J. In order to go to the third floor of the building of this case, it passed through the gate on the side of the stairs of this case and used by Plaintiff A, and the stairs connected to the third floor (the stairs of this case are separated from the stairs of this case).