In a case where Gap Corporation installed and managed stairs on the irrigation channel installed and maintained by Eul, and the stairs installed for protective measures so that village residents could not get the stairs from the irrigation channel, and the village residents Eul (a woman of 82 years old at the time of the accident) who prompted from the above irrigation channel stairs died from about 500 meters away from the stairs, and sought damages pursuant to Article 758 (1) of the Civil Act against Eul Corporation, the case holding that Eul Corporation is liable for damages due to the occurrence of the above accident since Eul's children Byung et al. committed negligence without taking any measures to prevent the accident by installing a dangerous sign around the stairs as the manager of the irrigation channel and installing the fences, etc. for protective measures to prevent neighboring residents such as Eul from approaching the stairs, and since the accident occurred due to this accident, Eul's children Byung et al. was found to have suffered from the above accident, Eul et al., the judgment below held that Gap Corporation is liable for damages due to the above accident.

A. The stairs are installed on the irrigation waterways installed and managed by the Corporation A. The stairs are installed, and the stairs are not installed for protective measures, making it difficult for village residents to get the stairs and stamp away from the irrigation waterways. The village residents Eul (the 82-year-old women at the time of the accident) who was promptly going from the above irrigation stairs were found to be dead from about 500 meters away from the stairs, the case where Eul's children Byung et al. claimed damages under Article 758(1) of the Civil Act against the Corporation A.

In light of the fact that the stairs of the farm road in which the accident occurred are close to the village in which the Eul resided, the stairs of the farm road and the farm road are deep and fast, and the depth of the water is considerably deep and fast, and the depth of the water at the time of the accident reaches about 140-160cm, and the elderly such as Eul is likely to have not been easy to get out of the farm road when the elderly such as Eul is placed on the farm road, the case held that the above farm road is not liable for damages caused by negligence on the ground that it is difficult to prevent the accident by failing to take any measures such as negligence since it is difficult for the elderly to get out of the farm road when they live in the vicinity, such as Eul, or people approaching the stairs of the farm road for farming purposes or for any purpose other than farming purposes, it is difficult to get out of the farm road, and thus, the Corporation is not liable for damages caused by negligence on the ground that it is no more than 3% of the above accident.

Article 758(1) of the Civil Act

Plaintiff 1 and five others (Attorney Kim Jae-soo, Counsel for the plaintiff-appellant)

Korea Rural Community Corporation (Attorney Kim Sung-hwan, Counsel for defendant-appellant)

December 5, 2019

1. The defendant shall pay to the plaintiffs 8,250,000 won with 5% interest per annum from June 20, 2018 to January 9, 2020, and 12% interest per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims against the defendant are dismissed.

3. Of the costs of lawsuit, 1/2 shall be borne by the Plaintiffs, and the remainder by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 19,33,33 won each of them and 5% interest per annum from June 20, 2018 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. The deceased non-party 1 [the (date of birth omitted; hereinafter referred to as “the deceased”)] is a person who has resided in the ( Address omitted) Kim Jong-si.

B. A village where the Deceased resides has a 12m width and 12m depth and 60m depth of the water depth (hereinafter “the farm road of this case”). The farm road of this case is installed with stairs to be used in dredging earth and sand which have been discarded on the farm road or interfered with the flow of the farm road.

C. The stairs of the farm road of this case are not installed with fences, etc. for protective measures, and village residents have strawing the stairs from the farm road with soil.

D. On June 20, 2018, around 09:45, the Deceased was rapidly going from the stairs of the instant deaf water. However, even after the time, the Deceased’s family, who did not return home, found the Deceased’s new launch from the stairs of the deaf water, and reported to 119, who did not appear.

E. Afterward, the Deceased was discovered from the stairs of the instant irrigation channel to approximately 500 meters away (hereinafter “the instant accident”).

F. The Plaintiffs jointly inherited the deceased’s property with their children.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 4, and 5, non-party 2's testimony and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Grounds for liability

Comprehensively taking into account the following circumstances acknowledged as above, namely, the stairs of the farm road where the accident occurred are close to the village where the deceased resided, ② the stairs of the farm road of this case and the farm road of this case are deep and continuous contact immediately with the stairs of the farm road of this case and the farm road of this case, and ③ the depth at the time of the accident reaches approximately 140 to 160cm, and there seems to be difficult for the deceased and the elderly like the deceased to go away from the farm road when they were left the farm road for farming purposes or farming purposes. In full view of the following circumstances, the farm road of this case is located near the farm road of this case, and the stairs of the farm road of this case are not likely to fall into the farm road for farming purposes or farming purposes, and the defendant should establish a danger mark as a manager of the farm road of this case, and install nearby the farm road of this case and take any measures such as leaving the road of this case to prevent any accident without any negligence by failing to take any access to the nearby residents.

Since the Deceased’s instant accident occurred due to the Defendant’s negligence, the Defendant is liable to compensate the Deceased and the Plaintiffs for the damages caused by the instant accident.

B. Limitation on liability

However, in full view of the above evidence and the purport of the whole argument, the deceased should pay attention to the farming waterway of this case where the depth is deep and continuous, or where he did not access the farming waterway of this case, but he neglected to pay attention to the farming waterway of this case. However, the deceased's mistake was caused by the occurrence of the accident of this case, and thus, it is reasonable to consider it in determining the amount of damages to be compensated by the defendant, but the defendant's responsibility is limited to the remaining 30% since it is reasonable to view it as 70%, and therefore, the defendant's liability is limited to the remaining 30%.

3. Scope of liability for damages

(a) Funeral expenses;

1) Amount recognized: 5,000,000 won (the disbursement of the plaintiffs)

2) Limitation of liability: 30% of the defendant's liability ratio.

3) Amount recognized by each plaintiff: 250,000 won (=5,000,000 x 3/10 x 1/6)

(b) consolation money;

1) Reasons for consideration: The deceased’s age and family relationship, circumstances and results of the accident, and other circumstances shown in the pleading;

2) Amount of recognition: 30,000,000 won for the Deceased and 3,000,000 won for each of the plaintiffs

(c) Inheritance relationship;

(a) Amount of inheritance: 30,000,000 won (the deceased's consolation money);

2) Inheritance amount: Each of the plaintiffs KRW 5,000,000 (=30,000,000) x 1/6)

D. The final amount of compensation for the plaintiffs

Funeral expenses of KRW 8,250,000 (Funeral expenses of KRW 250,000 + Inheritance amount of KRW 5,000,000 + 3,000,000)

E. Sub-committee

The defendant is obligated to pay to the plaintiffs 8,250,000 won each and the delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from June 20, 2018, which is the date of the accident in this case, to January 9, 2020, which is the date of this decision, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

4. Conclusion

Therefore, the plaintiffs' claims of this case are justified within the scope of the above recognition, and the remaining claims are without merit, and they are dismissed. It is so decided as per Disposition.

Judges Senior Film Screening