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(영문) 대전지방법원 2017.07.14 2017가단200600
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 March 5, 2015, at around 10:30 on March 5, 2015, Plaintiff A suffered bodily injury, such as double-duping, flaging, flaginging, etc., that require treatment for about about 10 weeks after being discharged from a place where the surface of concrete packaging in the vicinity of Mandole, which is on the above India, is broken, with a width of at least 110 cm, 3-5 cm (high height).

(hereinafter “instant accident”). (b)

Plaintiff

B is the spouse of the Plaintiff A, and the Defendant is a local government responsible for the maintenance and management of the India in which the instant accident occurred (hereinafter “instant delivery”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 11 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion that the defendant is the person responsible for the management such as the maintenance and repair of the India of this case, but did not perform his/her duty to manage it so that pedestrians can safely walk, and thus, the damages arising from the accident of this case caused by the defects in the establishment and management of the India of this case are damages for the plaintiff A, and the plaintiff A is obligated to pay the plaintiff A the damages for medical expenses of 27,55,135 won (the amount of damages for 12,95,135 won for nursing expenses of 4,560,000 won for nursing expenses of 10,000 won for nursing expenses of 12,95,135 won for nursing expenses of 130,000 won for transfer treatment and parking fees of 430,000 won for transportation treatment and parking fees of 3

B. The first sentence of Article 5(1) of the State Compensation Act provides that "When any damage is inflicted on another person due to defects in the construction or management of a road, river or any other public structure, the State or local governments shall compensate for such damage." The defects in the construction or management of a public structure under Article 5(1) of the State Compensation Act refer to the state in which the public structure is in a state in which it does not have safety ordinarily required to have in accordance with its use. This is nothing more than the state in which the public structure is not completely in a state.

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