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1. As to the Plaintiff A’s 61,709,008 won, Plaintiff B’s 2,00,000 won, and each of the above amounts, from August 6, 2013.
Reasons
1. Basic facts
A. On June 7, 2013, the deceased C (D residents; hereinafter “the deceased”) died of water in front of the F river located in Net City E (hereinafter “the instant river”) (hereinafter “the instant accident”) and died on August 6, 2013 as “pulic brain damage resulting from water missing.”
B. Under Article 8(2) of the River Act, the instant river is a local river and is entrusted to the head of the relevant Si/Gun/Gu, who is the Mayor/Do Governor within his/her jurisdiction, to manage it as the river management agency, and to maintain and repair local rivers and to check the management of the river in accordance with the provisions on delegation and entrustment of administrative authority.
C. The plaintiff A is the mother of the deceased, and the plaintiff B is the mother of the deceased.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. Where the causal relationship between the defects in the installation and management of the river of this case and the accident of this case is acknowledged, the person who is responsible for the management of the river of this case shall be entrusted with the maintenance and management of the river of this case, and the defendant, a local government to which the net market belongs, shall be liable to compensate for the damage pursuant to Articles 6(1) and 5(1) of the State Compensation Act.
B. Whether there exists a defect in the construction and management of the river of this case, the "defect in the construction or management of the public structure" under Article 5 (1) of the State Compensation Act refers to the state in which the public structure is in a state of failing to have safety ordinarily prepared according to its use. Thus, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and there is a defect in its function. Whether the construction or management of the public structure satisfies the above safety requirements is done by the public structure.