logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.11.13 2019나304262
손해배상(국)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation as to this case is as follows: (a) the Plaintiff’s conjunctive assertion added at the trial of the court of first instance is added to the end of the second instance, and (b) the reasoning of the court of first instance is as stated in the reasoning of the judgment, except for a determination of addition as stipulated in the following paragraph (2). Therefore, it is acceptable in accordance with the main sentence of Article 420 of

【The evidence submitted by the Plaintiff is insufficient to recognize that the water level of the waterway was leaked because the floodgate was not opened properly, or that the damage equivalent to the amount stated in the Plaintiff’s claim was inflicted on the Plaintiff, and there is no other evidence to acknowledge it.】

2. Additional matters to be determined;

A. The plaintiff asserts that since the defendant bears the cost of installing a floodgate installed in a waterway, the plaintiff is liable for damages to the plaintiff as the cost-bearing person under Article 6 (1) of the State Compensation Act.

Article 6(1) of the State Compensation Act provides, “If the State or a local government is liable to compensate for damages pursuant to Articles 2, 3 and 5, the person who is in charge of the appointment and supervision of public officials or the construction and management of public structures is not the same person as the person who is in charge of the construction and management of public officials or public structures, the person who bears the expenses shall compensate for the damages.”

As such, Article 6(1) of the State Compensation Act provides that where the State or a local government is liable for damages on the grounds of defects in the construction and management of public structures pursuant to Article 5 of the State Compensation Act, a person responsible for the construction and management of public structures and a person responsible for the bearing of expenses is also liable for damages unless the person responsible for the bearing of expenses is the same. Therefore, in order to hold the defendant liable as the plaintiff's assertion, the State or a local government, other than the defendant, shall first

arrow