(영문) 창원지방법원 2019.03.22 2018나52911

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(영문) 창원지방법원 2019.03.22 2018나52911

손해배상(기)

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Summary of the parties' arguments;

A. On November 23, 2016, around 15:05, the gist of the Plaintiff’s assertion suffered injury by the Plaintiff due to a cover of the drainage route installed around the D golf course in the C Park in the window B of Changwon-si (hereinafter “instant Park”). The Plaintiff, while walking the cover and the cover, was missing between the cover and the cover (hereinafter “the instant accident site”).

Since the Plaintiff was injured due to the defect in the installation or management of drainage channels in the instant park, which is a public structure, the Defendant, as the managing body of the instant park, is obligated to pay to the Plaintiff the total amount of KRW 18,044,700 (i.e., daily income of KRW 9,026,798, KRW 4,017,902, KRW 5,000,000), and damages for delay.

B. The main point of the Defendant’s assertion was from the time when the Plaintiff asserts that he was injured, until the Plaintiff brought a lawsuit in this case, the manager or the Defendant’s person responsible for the management of the instant park did not make all reports and calls about the instant accident, and it is unclear whether the Plaintiff suffered injury at the place of the instant accident.

In addition, since the Defendant, as the managing body of the instant park, has fulfilled its duty to take protective measures to the extent generally required by social norms against the instant park, it cannot be said that there is any defect in the installation or management of the instant park.

Even if the plaintiff suffered an accident at the accident site of this case, the injury suffered by the plaintiff is caused by the plaintiff's unilateral negligence, which tried to walk with a place that is not a certain mountain channel in the park of this case and to leave the place of the accident of this case by neglecting the front direction.

2. Whether liability for damages arises;

A. Whether the plaintiff was injured by the accident site of this case or not, the defendant's park of this case.

참조조문

-국가배상법 제5조 제1항

유사 판례

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-서울중앙지방법원 2016.07.15 2016나22577

-창원지방법원 2017.07.06 2016가단9295

-울산지방법원 2018.05.25 2016가단1365