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(영문) 수원지방법원여주지원 2017.04.12 2016가단8123
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 July 12, 2014, Plaintiff A: (a) removed grasss from his house before the garden located in C on May 12, 2014; and (b) felled into D’s river located below approximately 2.5 meters in height (hereinafter “the instant river”); and (c) suffered injury, such as alleys and alleys, which were 5-6 p.m. in height.

(hereinafter “instant accident”). B.

Defendant Boju-si is the manager of the river of this case, and Defendant Gyeonggi-do is the owner of the river of this case.

C. The plaintiff B is the spouse of the plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1-4, 10, Gap evidence 2-1 through 4, 20, Gap evidence 2-5, 6-5, and the purport of the whole pleadings

2. The river of this case claimed by the plaintiffs is located far from 2-3 meters from the plaintiffs' house, and when the plaintiffs go to dry field or livestock shed, it is not possible to pass the river of this case. Thus, although the defendant Yju-si, the manager of the river of this case, and the defendant Gyeonggi-do, who is the owner of the river of this case, has the duty to install safety fences or protection walls on the river of this case in order to prevent people from falling, due to negligence that caused the accident of this case.

Therefore, the instant accident occurred due to the defect in the construction and management of public structures by the Defendants, so the Defendants are obligated to compensate the damages suffered by the Plaintiffs pursuant to Article 5(1) of the State Compensation Act.

In addition, the river of this case was rhyth state without separate pilings. The river of this case was built around April 2014 at the river of this case with a wide width of the river of this case, and he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he dump, and he neglected his duty to build cements on the upper part of the embankment so that it may not cause a low level of neighboring land and its height, and thereby the plaintiff A suffers from a low level of elevation.

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