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(영문) 부산지방법원 2021.01.29 2020나52825

손해배상(국)

Text

Of the judgment of the first instance, the part against Defendant Busan Metropolitan City and Dong-gu, which exceeds the following payment order.

Reasons

1. Basic facts

A. On May 7, 2018, around 15:30 on May 7, 2018, the Plaintiff walked a news report located in Busan Dong-gu B (hereinafter “instant news report”). Around May 7, 2018, the Plaintiff came to contact with the part where the sidewalk block was broken and dried (hereinafter “instant accident”). (b) The instant accident suffered injury in need of approximately three weeks of treatment due to the high-speed of the right edge and the upper part.

[Reasons for Recognition] Unsatisfy, Gap's statements and images, and the purport of the whole pleadings as to Gap's evidence Nos. 1, 2, 4, 9, 11 through 15

2. The Plaintiff’s assertion is a public structure established and managed by Defendant Busan Metropolitan City or Defendant Busan Metropolitan City Dong-gu, and the accident of this case occurred due to defects in its construction and management.

Therefore, Defendant Busan Metropolitan City or Preliminaryly, Defendant Busan Metropolitan City and Dong-gu are liable to compensate the Plaintiff for damages incurred by the instant accident (i.e., KRW 859,400,025) (i.e., KRW 13,430,625).

3. Determination

A. According to the purport of subparagraph 1, B, where the report of this case is located, the person who installed and manages the report of this case, and the person who installed and manages the report of this case can be acknowledged that the land B, located in the Busan Metropolitan City, Dong-gu, Busan Metropolitan City, and the Dong-gu, Busan Metropolitan City, Dong-gu, has managed the report of this case. Therefore, it is reasonable to deem that the person who installed and manages the report of this case is the Dong-gu, Busan Metropolitan City (in the meantime, there is no evidence to deem that the person who installed and manages the report of this case is the person who installed and manages the Metropolitan City). (B) The defect in the construction or management of public structures as stipulated in Article 5(1) of the State Compensation Act refers to the state where public structures are not equipped with safety

However, there is a defect in the construction or management of the public structure solely on the fact that there is any defect in its function without the complete state of the public structure.

the use of the public structure, as the case may be.