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(영문) 대구고등법원 2017.04.12 2016나25233
손해배상(기)
Text

1. Of the judgment of the first instance, the part concerning Plaintiff A and B, including the claim for extension by this court, is as follows.

Reasons

Basic Facts

At around 17:00 on July 31, 2015, D(Isss), who was enrolled in the fifth grade of an elementary school, was engaged in water play without wearing life jackets, etc. with the Plaintiff C and F, who was discharged from a local river located in the former E-village of North Korea-U.S. (hereinafter “instant river”).

At around 17:30 on the same day, D entered the water play area on the upstream of the upstream where the swimming is prohibited, and the depth was defensed by the J, and it was turned out from the water, and it was sent back to the hospital emergency room after receiving cardiopulmonary resuscitation, but it was completed at around 19:12 on the same day.

(hereinafter “instant accident”). The Plaintiff A and B are parents of D (hereinafter “the deceased”).

【In fact without any dispute, Gap evidence Nos. 1, 2, and 3 (including numbers that can be specially indicated; hereinafter the same shall apply), and the gist of the plaintiffs’ assertion as to the purport of the entire pleadings is that the river of this case is water play every year, and the place of accident is a water play danger zone where many people occur and the place of accident occurred. Thus, the defendants who are responsible for the safety management of the river of this case have the responsibility to take protective measures, such as installing physical and human facilities to prevent access to the place of accident or installing signs to warn the risk of the dysium accident, and installing safety lines to prevent access to the place of accident, despite the fact that the defendants who are responsible for the safety management of the river of this case did not have sufficient physical and protective facilities, and as well as safety management personnel placed on the river of this case deviate from the site at the time of the accident, the accident of this case caused the accident of this case.

Therefore, the Defendants are responsible for compensating the Deceased and the Plaintiffs for the damages incurred by the instant accident as the managers of the instant accident site.

In the event of the occurrence of damages liability, due to defects in the management of the river in this case.

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