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(영문) 서울중앙지방법원 2020.10.15 2020나17312
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:

Reasons

1. Basic facts

A. On May 28, 2019, the Plaintiff suffered bodily injury, such as salt, sprink, etc., due to destruction of the land in Gangnam-gu Seoul Metropolitan Government C (hereinafter referred to as “instant land”) around 16:30, which goes beyond the boundary of the sidewalk block (hereinafter referred to as “instant news report block”) and undergo approximately two weeks of treatment.

(hereinafter referred to as “instant accident”). (b)

The land of this case has a 1st floor above the ground and 6th floor building, and the place where the accident of this case occurred among the land of this case is used as a passage to and from the Do building attached to the Do building and the Do building site borderline as a part between the above Do building and the site borderline, and the sidewalk block of this case is one of them.

C. The instant land and D buildings are owned by Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 to 3 and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff suffered damages of KRW 2,092,310 for medical expenses, KRW 1,923,463 for business suspension, KRW 5,000 for consolation money, KRW 9,015,773 for the instant accident that occurred due to the instant news block.

B. Defendant Seoul Special Metropolitan City as a substantial manager of the instant news block pursuant to Article 5(1) of the State Compensation Act, Defendant B is jointly and severally liable for damages to the Plaintiff pursuant to Articles 750 and 758 of the Civil Act as the possessor and owner of the instant land and news block.

3. Determination as to the claim against the defendant Seoul Special Metropolitan City

(a)"public structures" in Article 5 (1) of the State Compensation Act, the term "public structures" means tangible or physical facilities granted by the State or local governments for specific public purposes, regardless of whether they are co-ownership or cause, and the State or local governments are in de facto control as well as ownership, lease or other powers;

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