(영문) 부산고등법원 2017.07.06 2016나57932

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.07.06 2016나57932

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the part corresponding to the judgment of the court of first instance is cited or the following explanation is added, and the judgment on the additional assertion of the defendant and the plaintiff is added, and thus, it is identical to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] Part 9 of the first instance judgment of the first instance court with "former Disaster Management Act (amended by Act No. 11346, Oct. 22, 2012; hereinafter referred to as the "former Act")" as "former Disaster Management Act (amended by Act No. 11994, Aug. 6, 2013; hereinafter referred to as the "former Act")".

The following statements shall be added to the preceding part of "Article 45 of the same Act" of the 9th judgment of the first instance.

Article 37 (1) of the same Act provides that "where a disaster occurs or is likely to occur, the head of a Si/Gun/Gu shall immediately take flood control, fire extinguishment, rescue, salvage, and other emergency measures necessary to prevent the occurrence of a disaster or to reduce damage, as prescribed by relevant statutes, the safety management plans of a City/Do or a Si/Gun/Gu."

The 10th to 20th 5th 20th 10th 10 of the first instance judgment shall be followed as follows.

B. According to the provisions of the aforementioned relevant Acts and subordinate statutes, if the Defendant has a legal obligation to protect the lives, bodies, and property of residents from various disasters, and the owner, manager, or occupant of a facility with a high risk of disaster fails to perform the duty to take necessary safety measures, the Defendant, who is a disaster management agency, is also obliged to take safety measures to prevent further disasters and reduce damage.

Such a duty to take safety measures can only be deemed to be limited to roads managed by the defendant as a road management authority.

참조조문

-민사소송법 제420조

-재난관리법

유사 판례

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