손해배상(기)
1. Of the judgment of the court of first instance, the part against Defendant E (citing a claim) shall be revoked, and the above revoked part shall be applicable.
1. The reasons why this Court is stated in this part of the underlying facts are the same as the part of “1. Basic Facts” among the reasons of the judgment of the first instance, except for those written by the court as follows. As such, the summary is included in accordance with the main sentence of Article 420 of the Civil Procedure Act.
"F" and "F" generated from No. 20 of the first instance judgment of the court of first instance shall be adjusted to "F" and "F", and No. 20 of the second instance judgment of the court of first instance shall be referred to as "F".
“E” shall be deleted. In the first instance judgment of the Minister of Education, Science and Technology, the third to second to second to third, “E” and “E” shall be used as “E” and the third to third, E”.
" by striking".
2. Summary of parties' arguments;
A. The gist of the Plaintiffs’ assertion was that the Defendants: (a) accumulated the instant stone axis at the location of the instant accident; and (b) actually controlled one of the places where the instant accident occurred, such as using concrete packaging as roads, etc., even at the location of the instant stone axis.
Therefore, the Defendants, as the possessor or owner of a structure, are liable for damages incurred to the network G and the Plaintiffs pursuant to Article 758 of the Civil Act.
B. The Defendants’ assertion 1) The instant accident occurred in Gwangju City L culvert site or M’s forest owned by the State. Since there was no fact that the Defendants installed the instant stone axis, the Defendants are not the owner or occupant of the instant stone axis. 2) The Defendants preserve the form of a dog by preventing the storming or transforming due to flowing water, and notify and warn the risk of falling into a ditch, which is an incidental reciting. Thus, even if the instant stone axis was not properly fixed on the ground, it is difficult to view that the instant stone axis was not equipped with ordinary stability.
3 The instant accident is an exceptional example, such as G’s extending the arms to take at the risk of seeing the side of the instant stone axis.