손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. On September 27, 2013, the Plaintiff was receiving a swimming course at a sports facility provided by the Busan Regional Authority (hereinafter “Sposiwon”). However, on September 27, 2013, the Plaintiff suffered a bodily injury in the alley part of the bar due to the Plaintiff’s failure to go back to the parking lot due to the completion of the swimming course at Sposiwon on September 27, 2013.
B. from March 31, 2011 to the same year
4. From August 13, 2012, the entire parking lot, etc. was replaced with PED names, and around August 2012, and around October 201, the parking lot painting and the installation of Kastofers were newly installed.
[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 6 to 10, Eul evidence Nos. 3, 5 and 6 (including branch numbers), the purport of the whole pleadings]
2. The “defect in the construction and management of public structures” as to the cause of the claim refers to the state in which the public structures offered for public purposes do not have ordinary safety requirements according to their use.
In addition, the above safety should be determined on the basis of whether the installer or manager of a public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure. Moreover, financial and personal restrictions on the installer or manager should also be considered.
Therefore, it cannot be readily concluded that there is a defect merely because it does not have high level of safety to the extent that it maintains a perfect state in the construction and management of public structures, and it is sufficient to establish a relative safety with expectation of a user's common and orderly method of use.
(see, e.g., Supreme Court Decision 2013Da208074, Oct. 24, 2013). However, if the facts of recognition and the entries in subparagraph 4-1 and 2 as seen earlier reveal the overall purport of the pleadings, Switzerland from March 30, 2011 to March 30, 201.
4. up to 13.Sposiums, including parking lots.