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(영문) 대법원 1993. 3. 9. 선고 92다54715 판결

[손해배상(기)][공1993.5.1.(943),1157]

Main Issues

The case holding that there is a defect in the installation and preservation of the blocking facilities for entry into the stadium in an accident in which the victim was trying to get out of the stoke and pass through the s to the stoke in a two-meter radius between them, while the s to pass through the stoke in order to prevent the passage of vehicles on the road in the front of the stadium entrance zone in front of the stadium.

Summary of Judgment

The case holding that there is a defect in the installation and maintenance of blocking facilities for entry into the stadium in an accident in which the victim died, as he was trying to get out of the stoke and pass through the stoke in a two-meter radius between them, while installing two stokes in order to prevent vehicle traffic on the road in the front of the stadium entrance zone.

[Reference Provisions]

Article 758(1) of the Civil Act

Plaintiff-Appellee

Plaintiff 1 and two others, Attorneys Lee Young-young et al., Counsel for the plaintiff-appellant-appellee

Defendant-Appellant

Attorney Kim Tae-sung, Counsel for the plaintiff-appellant

Judgment of the lower court

Seoul High Court Decision 92Na13174 delivered on November 3, 1992

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

According to the reasoning of the judgment below, in order to prevent the passage of the access road to the stadium under the control of the defendant's general stadium, the court below held that the defendant's general stadium management office installed 2 meters wide, 1.2 meters high and 2 meters high and connects 2 meters high and upper upper part of the wall to the hacks. The above hacks did not clearly show that the defendant's construction of the above hacks was done without any error of law by misunderstanding the safety of the above hacks to the extent that it is difficult to see that the defendant's construction of the above hacks was done without any error of law by misunderstanding the safety of the hacks, since it is possible to see that the hacks under the defendant's control office installed the above hacks only, and that the defendant's construction of the above hacks without any error of law by excluding the above hacks from the above hacks. The defendant's construction of the above hacks without any error.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.