logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원상주지원 2019.08.22 2018가합5443
손해배상(기)
Text

1. The Defendant’s KRW 190,242,108 as well as 5% per annum from May 31, 2017 to August 22, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 31, 2017, at around 00:05, the Plaintiff was cut a rail (hereinafter “instant rail”) from among the events where the rail was cut at the bottom of the bridge in the 1-204 Northern-dong, Seoyang-dong, Seoyang-dong, 1-204 at the time of the instant accident is as shown in the attached Form 1 photograph.

을 발견하지 못하고 손을 헛짚어 약 1.5m 아래의 시멘트 바닥으로 떨어지는 사고(이하 ‘이 사건 사고’라 한다)를 당하였다.

B. The Plaintiff suffered injury, such as “heat cerebral cerebral cerebral cerebral le,” etc. due to the instant accident, and was hospitalized in the hospital, etc. of Chungcheong University until October 25, 2017 from the date of the instant accident.

C. The Plaintiff was receiving medical treatment from around October 25, 2017 at the B convalescent, but the Plaintiff became a permanent neutical disorder, such as mouth paralysis, and a neutical disorder.

The defendant is a local government responsible for the installation and management of the rail of this case.

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's 1 through 6 (including branch numbers, if any) , Eul's testimony, and the purport of whole pleadings

2. Establishment of liability for damages;

A. The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily required according to its use. The construction or management of a public structure can not be deemed defective merely because the public structure is not in a state of completeness and has any defect in its function. Whether such safety is satisfied should be determined by comprehensively taking into account all the circumstances, such as the purpose of the public structure in question, the status of the site in question, and the situation of the use thereof, and whether the construction manager fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure. It should be objectively viewed from the perspective of objective.

arrow