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(영문) 서울남부지방법원 2020.07.10 2019나62435

손해배상(국)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff A is the spouse of the deceased G, and the remaining plaintiffs are the children of the deceased.

B. On September 13, 2018, the Defendant’s IMyeon Office held “effective cruel” on the ground that the deceased, who participated in the said “effective cruel,” was found to have died as a spawn away from the spathical pond (hereinafter “instant pond”) around 21:32 on the same day.

(hereinafter referred to as the "accident of this case")

As a result of the autopsy appraisal by the Daejeon Science Investigation Research Institute, the deceased's private person was presumed to be next.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, the whole purport of pleading

2. The assertion and judgment

A. The IB Office of the Plaintiffs asserted that the Defendant provided alcoholic beverages to the elderly attending the meeting without any restriction. Since the elderly under the influence of alcohol spawned around the instant coastal pond, which is vadidididididididididididididididididididididi, it is anticipated that the risk of safety accidents, such as vadididididididi ra, vadi, etc., she did not take measures such as installing safety fences or warning boards or assigning a manager, etc. to prevent such safety accidents, but did not take such measures as the elderly's attitude closely. Since the instant accident occurred due to the negligence of a public official who performs the duties or defects in the construction or management of the instant coastal boat, which is a public structure, the Defendant is liable for compensation for damages suffered by the Deceased and the Plaintiffs pursuant to Articles 2 and 5 of the State Compensation Act.

B. (1) The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to that the public structure is in a state of failing to have safety ordinarily prepared according to its use. It is limited to that the public structure is not in a state of completeness and has some defects in its function.