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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
2...
Reasons
1. Occurrence of and limitation on liability for damages;
A. On September 22, 2013, the Plaintiff: (a) around 11:00, the Plaintiff’s bicycle lane located in 586-3, Seogyeong-gu, Seogdong-si, Seosan-si (hereinafter “instant bicycle lane”) (hereinafter “instant bicycle lane”).
) Parking lots and parks (hereinafter referred to as “instant parks”);
) 부지의 경계를 자전거를 타고 지나가던 중, 이 사건 자전거도로와 이 사건 공원에 설치된 잔디블럭의 높이차로 인하여 형성된 (凹)모양의 요철에 걸려 넘어지게 되었다(이하 ‘이 사건 사고’라 한다
2) The Plaintiff suffered an injury, such as a cage, cage cage, etc., in detail, due to the instant accident.
3) The bicycle lane and park of this case have been managed by the Defendant and provided them to the residents’ sports and leisure activities. 4) The accident site of this case and the state of the necessary iron at the time are as follows.
Facts that there is no dispute over the state of 1/3 in the site of the accident, Gap evidence 1, 2, 3, 6, 8-1 through 4, Eul evidence 2, 3-1 through 9, 5-1, 5-2, each statement and video of the evidence Nos. 3-1 through 9, 5-1, 2, 3-2, witness B of the first instance trial, testimony of the court of first instance, and the purport of the whole pleadings.
B. "Defects in the construction or management of a public structure" in Article 5 (1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily required according to its use. The construction or management of a public structure can not be deemed defective merely because the public structure is not in a state of completeness and has some defects in its function. Whether such safety is satisfied is based on whether the installer or manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure, by comprehensively taking into account all the circumstances, such as the purpose of the public structure in question, the present state of the installation, and the situation of its use.