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1. The Defendant: (a) KRW 3,965,894 for each of the KRW 7,798,841 for Plaintiff A, Plaintiff B, and C; and (b) from February 8, 2013 to February 2014 for each of them.
Reasons
1. Basic facts
A. Around 12:15 on February 8, 2013, the network D (hereinafter “the network”) walked a sideway of Kimcheon-si E-si (hereinafter “instant waterway”) while under the influence of alcohol 0.152% of the blood alcohol concentration, and died due to the fall of the waterway, falling into the waterway, and damage to the clibal.
(hereinafter “instant accident”). (b)
The instant waterway is about 3-4 meters in width and about 1-2 meters in depth. It is divided into approximately 10-20 meters in height from the roads adjacent to the waterway, and there is no safety facilities, such as a cover or safety net, on the waterway. At the time of the instant accident, one-half of the waterway was ice with the degree of height.
C. The managing body of the instant waterway is the Defendant.
Plaintiff
A is the wife of the deceased, and the children of the deceased B and C are children of the deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7 (including each number, if any; hereinafter the same shall apply), Gap evidence Nos. 5-1 to 8, and fact-finding with respect to the Kimcheon Police Station, the purport of the whole pleadings, as a result of fact-finding with respect to Gap evidence Nos. 1
2. According to the above recognition of the liability for damages, the road and approximately 10 to 20cc height of the road are divided into the upper side of the road, and there is no cover or safety net on the upper side of the road, and there is a risk that pedestrians using the road on the side of the waterway might fall down under the lower part of the road, and thus, the defendant, who is the subject of the installation and management of the road in this case, did not take such measures despite his duty of care to prevent pedestrian fall by installing a pedestrian protection fence or installing a waterway cover, safety net, and a fall prevention sign, etc.
As the Deceased died due to the defect in the installation and management of the waterway of this case, the Defendant is liable for the damages suffered by the Deceased and his bereaved family members due to the accident of this case.