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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff operated Seocho-gu Seoul Metropolitan Government Party B located on the north of Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul. Since the concentration on July 27, 2011, the Plaintiff suffered damages equivalent to KRW 100 million due to the inundation caused by a landslide that partially collapseed on the Myeonsan, and due to earth and sand, etc. caused by the flooding.
The defendant has a duty to protect the plaintiff, such as Seoul Special Metropolitan City residents from natural disasters, but has committed an illegal act that could not investigate prompt relief measures and accurate causes of disaster. Therefore, the defendant has a duty to pay consolation money of KRW 2 million to the plaintiff.
B. On July 27, 2011, as a result of the concentrated on July 27, 201, the landslide occurred, and the fact that the above club operated by the Plaintiff was flooded in the earth and sand does not conflict between the parties.
However, according to all evidence submitted by the plaintiff and the defendant, it is difficult to view that the defendant violated the duty to promptly protect or rescue the plaintiff in relation to the above accident and to investigate the exact cause of the accident, and there is no other evidence to prove otherwise.
2. The plaintiff's claim is dismissed without any justifiable reason. It is so decided as per Disposition by the assent of all participating Justices on the bench.