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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of D (7.93 tons, hereinafter “instant vessel”) who is a small-sized fishing vessel operating in the coastwise, and the port of passage is a regional management trade port under Article 3(2)2 of the Harbor Act, and the Minister of Oceans and Fisheries delegated the Do governor with the authority under the Harbor Act on the port of passage to the Do governor pursuant to Article 92 of the Harbor Act. B.D from July 19, 2018 to repair an engine (hereinafter “instant wharf”).
(C) On August 3, 2018, when the surface level of the sea level was lowered by tides, the entire parts of the parts of the D, where the lower part of the parts of the D, where the lower part of the parts of the D, where the water level of the sea level was turned back to the upper part of the shock, were moored, and D were moored (hereinafter referred to as “instant accident”). The instant wharf was installed in the horizontal direction.
D. Article 3(1) of the Regulations on the Operation of Harbor Facilities in Gyeongnam-do, which was enacted pursuant to Article 12 of the Enforcement Rule of the Harbor Act, provides that only 10 ports shall be divided into a wharf. Article 3(1) of the Regulations on the Operation of Harbor Facilities in Gyeongnam-do, which was established pursuant to Article 12 of the Enforcement Rule of the Harbor Act provides that the 1-3 ports and the 1-2 ports shall be the wharf where the 1,00 tons of the 1-3 ports and the 1-4 ports are on the 1-4 ports are on the 1-4 ports, and the 1-4 ports are provided as a wharf where small ships are on the shore. [based
2. The assertion and judgment
A. On the wharf of this case managed by the plaintiff's assertion, there is a defect installed in the horizontal direction even though it should be installed in the vertical direction on the wharf of this case, and the accident of sinking caused by D, which is a small fishing vessel, due to the above defect, the defendant is obliged to pay the plaintiff the amount equivalent to the value of the ship as compensation for damage under the Civil Act or the State Compensation Act.
B. (1) Determinations are defective in the construction and preservation of public structures.