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(영문) 서울서부지방법원 2018.07.26 2017가합38808
손해배상(기)
Text

1. The Defendant: (a) KRW 24,548,776, respectively, and KRW 5% per annum from December 14, 2016 to July 26, 2018, respectively, to the Plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the father of Creined Net D (hereinafter "the deceased"), and the mother of the plaintiff B is the deceased.

The defendant is the manager of the landing place in the Hanwon Park Park.

B. On December 14, 2016, at around 22:53, the Deceased was finally confirmed that he walked toward the bend place of the Han River Citizens Park at the Han River Park at the entrance of the Mangwon River Park at around 23:38 on the same day after he gets frighting and moving a taxi and village bus by drinking fright and drinking with his friendship in the Hong River area in Mapo-gu Seoul Metropolitan Government.

C. At around 11:20 on December 21, 2016, the deceased’s body was discovered at a point of three meters in depth, where the slope of the heart of the deceased Han River-gu Civil Park was finished at the water speed. D.

The Plaintiffs paid KRW 5 million as funeral expenses of the Deceased.

[Ground for Recognition] : Facts without dispute, entry of Gap evidence 1 through 14, fact-finding results to the chief of Mapo Police Station of this court, purport of whole pleadings

2. Occurrence of liability for damages;

A. Although the main point of the plaintiffs' assertion is a very high cement slope, the deceased did not have any safety device or instruction to urge him to exercise any safety device or attention on the entry part, and thus, the deceased died by being sufficient from the slope of this case at the night at which the deceased started, which constitutes a defect in the installation and management of the landing slope, which is a public structure, and thus, the defendant is obliged to compensate the plaintiffs for the damage caused by the deceased's death pursuant to Article 5 (1) of the State Compensation Act.

B. The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to a state in which the public structure is in a state of failing to have safety ordinarily prepared in accordance with its intended purpose. Thus, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function, and such safety is satisfied.

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