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(영문) 의정부지방법원 2015.10.30 2015가단5934
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 3, 2014, around 21:30, the Plaintiff, who was walking on the Gando-Eup 52 Gando-ro, Namyang-do-si, Namyang-do, was suffering from the injury of the right kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne.

(hereinafter “instant accident”). (b)

The above news report was managed by the Defendant, and the size and depth of the art hall of this case at the time was 32 cm wide, 32 cm long, and 2.5 cm deep.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1-2, 2 through 7, 9, and 10, and the result of verification of Gap evidence No. 8, the purport of the whole pleadings

2. The report of this case, which caused the instant accident, was in a state of lacking safety ordinarily required as a public structure. However, the liability for defects in the construction and management of the public structure is strict, and did not neglect due care necessary for the prevention of such damages.

Therefore, the defendant, who is the manager of the above report, is liable to compensate for the plaintiff's damage caused by defects in the management of the above report, that is, the sum of 20,632,702 won, such as daily income, king treatment expenses, consolation money, etc., and damages for delay.

3. Determination

A. “Defects in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to the state in which the public structures offered for public purposes have failed to have safety requirements ordinarily for their use.

In addition, the above safety should be determined on the basis of whether the installer or manager of a public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure. Moreover, financial and material constraints of the installer or manager should also be considered.

Therefore, the road, which is a public structure, has a high level of safety to maintain the complete state of construction and management.

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