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1. The Defendant: (a) KRW 48,047,531; and (b) KRW 47,750,891 to Plaintiff B; and (c) each of them, from July 27, 2014 to July 2015.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence Nos. 1, 2, and 3.
1) The Plaintiff A’s status as the parties. The Plaintiff A’s deceased deceased on July 27, 2014 (mamar, D, hereinafter “the deceased”).
The father is the father, and the plaintiff B is the mother of the deceased. 2) The defendant is a local government that manages the river of "Seocheon" (hereinafter referred to as the "the river of this case") located in Heungdong at the time of permanent residence.
B. (1) On July 27, 2014, the Deceased died (hereinafter “instant accident”) with water play in the instant river, with approximately 1.5 meters of the depth, while he/she was playing in the water play in his/her place on his/her own, around 18:00 on July 27, 2014.
(2) The Plaintiffs were not present at the time of the instant accident.
2. Determination
A. 1) The legal principle related to the occurrence of liability for damages refers to a state in which the public structure is not equipped with safety ordinarily required in accordance with its use. The construction or management defect of the public structure can not be deemed a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has any defect in its function. The determination of safety must be based on whether the construction or manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure, taking into account all the circumstances, such as the purpose of the public structure in question, the present state of the construction site, and the situation of its use. In the case where there is no possibility and possibility of avoidance of the occurrence of damage due to the defect in the function of the public structure objectively and objectively, the defect in the public structure is defined as below.