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(영문) 대전지방법원홍성지원 2015.08.26 2015가단3907

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 2, 2014, B, who was in the third grade of A secondary school, was in the middle school of YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

(hereinafter “instant accident”). The Plaintiff, a public interest corporation established pursuant to the Act on the Prevention of and Compensation for School Safety Accidents, paid 52,425,630 won for disability benefits and consolation money on October 17, 2014 and 52,425,630 won for disability benefits and consolation money on December 10, 2014 pursuant to the said Act.

The defendant is the person who installed and managed the pents of this case, a public structure.

[Ground of recognition] Unsatisfy, Gap 1 through 8 (including each number in the case with a serial number), the purport of the whole pleadings

2. In many cases, the Plaintiff’s claims, as a result of the Plaintiff’s entry into the area of the D police station beyond the instant pents and entering the area of the D police station beyond the instant pents. Since the upper part of the instant pents was cut off, the Defendant did not take any measures to ensure that the Defendant took appropriate safety measures, such as combining or replacing the pents so as not to cover the upper part of the pents even if he was on board the instant pents, and did not disclose the parts of the pents of the instant pents.

The accident of this case occurred due to the defect in the installation and management of the pension of this case, and the defendant is liable to compensate for the damages suffered by B due to the defect in the construction and management of the public structure pursuant to Article 5(1) of the State Compensation Act. Thus, the plaintiff is entitled to compensate for the amount stated in the purport of the claim according to the defendant's fault ratio among the "the mutual aid benefits paid by the plaintiff to B who is the beneficiary."