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(영문) 부산고등법원 2018.11.14 2018나53514
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the court citing the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for adding the following contents to the last part of the fifth second part of the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Although the plaintiff asserted that "the defendant neglected to control access by means of installing safety fences in the steel mouth, it is erroneous that he neglected to do so." However, as the need to protect and manage the valley as it is cannot be ruled out, if the defendant installs a banner containing the phrase "area where water-related accidents occurred" or "the wearing of life jackets" in the vicinity of the steel mouth, so if it is possible for the users to know that water-saving in the steel mouth might be dangerous due to the characteristics of the valley, it is deemed that it was equipped with ordinary facilities to protect the safety of the users. Further, it cannot be deemed that the defendant has the obligation to install safety fences to prevent the access of the valley itself. Therefore, since the judgment of the first instance court is justifiable, the plaintiffs' appeal is dismissed as it is without merit.

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