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(영문) 부산지방법원 2014.08.21 2014가합41066
손해배상(기)
Text

1. The Defendants jointly and severally committed against Plaintiff A, KRW 9,285,714, KRW 4,357,142, KRW 8,409,985, and Plaintiff D.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Plaintiff A’s wife, Plaintiff B, and C’s children, Plaintiff D’s wife (Plaintiff C’s wife), Plaintiff E, and F’s grandchildren (Plaintiff C’s children) of the network G. 2) The Busan Shipping Daegu (hereinafter “instant river”) is a local river, and the head of Busan Metropolitan City, a Mayor/Do governor under his jurisdiction pursuant to Article 8(2) of the River Act, takes charge of the management of the river as the river management agency, the maintenance and repair of the local river, and the inspection of the status of river management, etc. under the Busan Metropolitan City Ordinance on the Delegation of Administrative Affairs, and is delegated to the head of the Maritime Affairs and Fisheries of Busan Metropolitan City (hereinafter “the head of the Maritime Affairs and Fisheries”).

3) On June 3, 2013, the deceased on December 25, 2013 (hereinafter “instant accident”) was killed on December 25, 2013, when the deceased was hospitalized at a hospital by falling down under a bank of approximately 4.6 meters, falling under the bank below the bank and falling under the bank of this case, while drinking on the bank protection wall of the instant river, making a brupted, and going back to a balance.

(i) [Ground for recognition: Facts without dispute, entry of evidence B or 4, purport of the whole pleadings;

B. Determination 1) According to the above facts found as to whether the Defendants are in the position of the installer, manager, or manager of public structures, the Busan Metropolitan City Mayor is responsible for the maintenance and management of the river of this case, and the Maritime Government is responsible for the maintenance and management of each river of this case as the person entrusted with the maintenance and management of the river of this case. Thus, if causation between the defects in the installation and management of the river of this case and the accident of this case is acknowledged, Defendant Busan Metropolitan City, the local government to which the Busan Metropolitan City Mayor belongs, the local government to which the Maritime Government belongs, is responsible for the expenses of the delegated affairs, pursuant to Article 5(1) of the State Compensation Act.

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