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(영문) 청주지방법원 2020.10.28 2019가합13534
손해배상(국)
Text

The defendant, from October 13, 2018, against the plaintiff A, KRW 50,409,493, the plaintiff B, and C respectively, KRW 31,272,995 and each of the said money.

Reasons

1. Basic facts

A. The plaintiff A is the spouse of the deceased D (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

B. At around 00:50 on October 13, 2018, the deceased started from a drinking house located in the area above, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in order to hold a meeting with zors. On October 13, 2018, the deceased was found to have been deceased from Yancheon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Busan (hereinafter “the river of this case”). At around 10:00 on October 14, 201, the contact was

(hereinafter referred to as “instant accident”). C.

As a result of the autopsy on the deceased, the National Institute of Scientific Investigation expressed that the private person's damage to the deceased's body is not contrary to the possibility of falling.

On the other hand, the deceased found that blood alcohol concentration was 0.232%.

On the side of the instant river, there is a road, including a sidewalk installed in Seo-gu, Seo-gu, Seog-gu, Busan (hereinafter referred to as the “instant report”), 368, Seo-gu, Seo-gu, Seo-gu, and there is a greenbelt between the instant report and the instant river (hereinafter referred to as the “instant green belt”).

On the other hand, both rivers, roads, and green areas in this case are owned by the defendant.

E. At the time of the instant accident, there was no fence between the instant news report and the green belt of the instant case. The Defendant installed a fence on the instant news report after the instant accident.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including all branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion is immediately next to the instant report, and the instant report is 7.8 meters high from the river floor to the instant report, and thus, it is necessary to install safety facilities, such as a protective fence, so that pedestrians moving from the instant report do not fall into vadi, as it is vadi.

Nevertheless, the report of this case did not have a facility to prevent pedestrian falling, and therefore, the report of this case was made.

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