손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On February 10, 1971, the Plaintiff asserted that the cause of the claim occurred and cut off the front part of the explosives to the age of 9 years, and suffered injury, such as the injury of the wind of the right eye, among the cases where he discovered explosives detonating caps in front of the office of military officers belonging to the Defendant, who were located near the Busan East-gu, Busan-gu. B, the Plaintiff’s domicile.
Although the defendant is responsible for managing explosives, etc., the defendant neglected to manage them and thereby caused the above damages to the plaintiff, so the defendant is liable to compensate the plaintiff for the State damages caused by a tort by intention or negligence in the course of performing his/her duties. The defendant is liable to compensate the plaintiff for damages caused by the plaintiff's lost income, the consolation money of KRW 288,00,000, the consolation money of KRW 30,000, the total amount of KRW 318,000,000 and damages for delay.
Judgment
According to the evidence evidence Nos. 2 through 4, it can be acknowledged that the plaintiff suffered injury, such as cutting the whole part part of the plaintiff's left part, and thereby a disability corresponding to the disability grade No. 3 to the plaintiff. However, each statement of evidence Nos. 1 and 5 submitted by the plaintiff was submitted by the plaintiff and the defendant neglected the management of explosives detonating caps intentionally or negligently, and thereby, it is insufficient to recognize that a government agency's tort was committed against the plaintiff, as alleged by the plaintiff, that the plaintiff suffered injury such as cutting the whole part of the part of the explosives due to explosion, etc., and there is no other evidence to acknowledge this. Even if the defendant is liable for damages by the plaintiff's tort, the plaintiff's claim is without merit for the following reasons.
A claim for damages due to a tort shall be made from the date when the injured party or his legal representative becomes aware of such damage and the perpetrator.