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(영문) 광주고등법원 2017.10.18 2017나11345
손해배상(기)
Text

1. All appeals filed by the plaintiffs are 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

1. Basic facts

A. Plaintiff A is the denial of the network D (E) and Plaintiff B and C are children of the network D.

B. The Defendant is a local government that manages the river in the vicinity of the Seoul-do, Jeonnam-do, Seoul-gun, Frannam-do (hereinafter “instant river”).

C. In the vicinity of the instant river, the Defendant installed a beam a beam for drinking water collection, and installed a water-based concrete waterway (5m in length and 1.2m in diameter) in order to regulate the flow of water, such as drainage, at the center of the beam, and operated the “G”.

From August 1, 2016, the plaintiffs and the network D performed water play in a place where the water level was deeply formed to the extent that water play is possible due to the upstream, i.e., the slope of the river when the water level of the river in this case was based on the beam from August 5, 2016.

around 6:00 p.m., Plaintiff B and C moved to the center of the instant river. At the near the said two streets, Plaintiff B and C moved to the center of the instant river as soon as one of them was p.m., but they turned to the opposite part by passing through the waterway as is.

The net D, while moving to a place where the above plaintiffs were sept away from water, went fast into a different waterway by one of the two ways, and she did not get out of the waterway due to an obstacle such as stone in the waterway and a booming water.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 6, 11, Eul evidence No. 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The instant river managed by the Defendant is a place where people enjoy to play water in order to do so, and the risk of people to see by fasting the center water generated by the Defendant’s installed water as soon as possible.

Therefore, the defendant is prohibited from approaching the waterway near the waterway.

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