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(영문) 대구지방법원포항지원 2014.07.10 2013가단4324

손해배상(기)

Text

1. The Defendant: (a) KRW 3,00,000 to Plaintiff A; (b) KRW 500,000 to Plaintiff B; and (c) KRW 813,860 to Plaintiff C and each of them, respectively.

Reasons

1. Basic facts

A. The status of the parties to the case is a juristic person that establishes and operates the industry-academic partnership report school, and the plaintiff A is the victim of the accident that occurred in the above school, as seen below, and the plaintiff B and C are the parents of the plaintiff.

B. On November 4, 2012, the Plaintiff A, who suffered from the instant accident, was going through a report near the school literature while going through a school curriculum on the day after a school curriculum was finished on November 18:10, 2012, and thus, the Plaintiff A was faced with the injury of the Plaintiff, such as a brupted secte of pressure 7 pressured, the brue of the brue, and the tensions and tensions.

(hereinafter referred to as “instant accident”) / [Grounds for recognition] without dispute, entry in Gap’s evidence Nos. 1, 4, and 8, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The defect in the establishment and preservation of a structure under Article 758(1) of the Civil Act, which recognizes liability for damages, refers to a state in which a structure fails to meet safety requirements ordinarily for its use. In determining whether such safety requirements are met, the determination shall be based on whether the installer and custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

(see, e.g., Supreme Court Decision 2008Da61615, Feb. 11, 2010). According to each of the evidence Nos. 1 through 3, 10-1 through 4, and 11 of the evidence Nos. 9-1 to 4, and 11, it is recognized that the Defendant was aware that the instant report is a school route through which students need to walk daily, and that it is likely to be subject to safety accidents, such as depressions, etc. on the instant report, but did not install a sign informing of the risks on the instant report, or take any measures, such as construction works or measures to prevent the depression.