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(영문) 부산고등법원(창원) 2014.07.24 2014나20007
방음설비설치
Text

1. Of the judgment of the first instance court, the part against the plaintiffs, including the claims extended or reduced in the trial.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows: (a) except for the modification of the “satisfe” No. 5 of the first instance judgment, No. 4 of the 5th judgment, and the “satisfe No. 2 through 7” of the 9th class “Evidence A” to “satfeum No. 2 through 8”; and (b) it is identical to the corresponding part of the judgment of the first instance, and thus,

2. Occurrence of liability for damages;

A. Article 5(1) of the State Compensation Act provides that the State or a local government shall compensate for damages in cases where damage has been inflicted on another person due to defects in the construction or management of public structures, such as roads. 2) The term "defect in the construction or management of public structures" as referred to in the above applicable provisions of the Act refers to a state in which public structures, which are built for public purposes, are not safe enough to be used for that purpose. In this context, the state in which safety is not satisfied, i.e., the state in which there is danger of harm on another person is in danger of harm to the user due to physical or external defects or deficiency in the physical facilities themselves constituting the public structures in question, and the state in which the public structures are used for public purposes, and the state and degree of their use exceed a certain degree that is expected to be acceptable under social norms.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the scope of infringement of rights and interests, and by exceeding the bounds of legal principles as to the scope of infringement of rights and interests, and by exceeding the bounds of legal principles as to the degree of infringement of rights and interests, as well as the nature and degree of infringement of rights and interests generally infringed.

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