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1. Of the judgment of the court of first instance, the part against Plaintiff A, B, and C, which ordered payment, shall be revoked.
Reasons
1. The grounds for this part of the facts are as follows: (a) the last 3rd line of the judgment of the court of first instance “the instant safety facilities installation guidelines” is applied to the installation guidelines; and (b) the fourth 9-10 line between the fourth 9-10 line are installed on February 3, 200.
C. Except for the addition of the sections necessary to prevent pedestrians, bicycles, etc. from falling down from falling off the way, the phrase “1. Recognition” in the reasoning of the judgment of the first instance is the same as the statement in the reasoning of the judgment, and thus, the same is acceptable.
2. Occurrence of liability for damages;
A. As to Defendant Bapo-si, the term "defect in the construction or management of public structures" in Article 5 (1) of the State Compensation Act refers to the state in which the public structures do not have safety in accordance with their purposes.
However, in full view of the following circumstances where the purport of the entire argument in the evidence as seen earlier is acknowledged, it is reasonable to deem that the instant rail was in a state of failing to meet the safety requirements ordinarily required for the purpose of the accident, and that the accident occurred.
The liability for damages is recognized at the time of Defendant Mapo.
① In light of the fact that, at the time of the instant accident, the Deceased could easily destroy a rail even though he did not appear to have a strong external force on the rail, the Handrails 2.3.1b.
I seem to have been established without complying with the subsection.
② Defendant Bapo asserts that the installation guidelines only apply to a place outside the streets, such as a road or bridge on a slope in a decline, and do not apply to the instant rail, but also are designed to the extent that the boundary between the outside of the road and the road is distinguished.
However, installation guidelines 2.3.1.b.
There is no ground to view that ports are applied only to places outside the streets and also to the installation guidelines 2.2.3.