logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.04.25 2018가합100506
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 3, 2017, the network D (hereinafter referred to as “the network”) around 01:01, around 01, 201, from the Chungcheong-gun Ecom and concrete stairs located in the F news report (hereinafter “instant stairs”), managed by the Defendant (hereinafter “instant accident”).

B. The Deceased died around 07:14 on February 10, 2017, which was receiving medical treatment at G hospital due to the instant accident, due to the bodily injury caused by the two pelkes, the labing blood transfusion, and the labing blood transfusion.

C. The Plaintiff, a wife of the Deceased, succeeded to the deceased’s property at the ratio of 3/7 shares, and the Plaintiff B and C, a child of the Deceased, respectively, at the ratio of 2/7 shares.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. The place where the plaintiffs' alleged stairs are located was very difficult to recognize the existence of stairs at the time of the accident of this case, and there was a difference of 3 to 4 cm from the beginning of the stairs. One of the stairs did not have a safety knife, and the prevention knife is lost.

This constitutes a case where the instant stairs, which are public structures, do not have safety to be ordinarily equipped according to their use, that is, defects in construction or management.

As such, due to the defect in the stairs of this case, the deceased fell and died, the defendant, a local government, is liable to compensate the plaintiffs for damages incurred to the deceased and the plaintiffs pursuant to Article 5 (1) of the State Compensation Act.

B. The defect in the construction or management of a public structure as stipulated by Article 5(1) of the State Compensation Act refers to the defect in the construction or management of the public structure is in a state that the public structure has no ordinary safety in accordance with its intended purpose, and is not in a state of complete integrity and in its function.

arrow