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(영문) 창원지방법원통영지원 2016.09.27 2015가단23672
손해배상(기)
Text

1. The Defendant: (a) KRW 5,529,873; (b) KRW 1,594,612; and (c) KRW 500,00 for Plaintiff C and D, respectively.

Reasons

Basic Facts

Plaintiff

At around 13:10 on August 10, 2014, A and his/her behaviors found the breakwater of the So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-young Village.

They came up on the 4 horns of concrete block, in the shape of the breakwater, used as part of the breakwater, tetrapod, breakwater, etc. to fish, and they fell into the sea speed by cutting down the tetrad from the tetrad to the center and falling into the sea speed.

As a result, Plaintiff A suffered bodily injury, such as “(i) the name of diagnosis, (ii) the dynasium and the name of keeping, (iii) the open upper part of the head, (iv) the fynasium, (v) the fynasium loss in annual installments, and (vi) the fynasium closure fynasium.”

(hereinafter “instant accident”). Plaintiff B’s wife, Plaintiff C, and D are their children.

The defendant is a local government that installs and manages the breakwater and the tennisd as a local government in which the accident of this case occurred.

【In fact that there is no dispute, Gap 1 and 4 evidence, and defects in the construction and management of public structures, which are the basis of the responsibility for damages as a whole, are incomplete in the construction and management of public structures. Thus, it refers to the state in which the public structures themselves are in a state of lack of safety to have ordinary facilities.

An accident caused by a defect in the construction or management of a public structure does not mean only the defect in the construction or management of the public structure causes damage, but it is reasonable to interpret that the damage was caused by a defect in the construction or management of the public structure as long as the defect in the construction or management of the public structure causes damage, even if another natural event or a third party's act or in competition with the injured party's act.

(see, e.g., Supreme Court Decision 94Da32924, Nov. 22, 1994). Meanwhile, if there are standards for safety stipulated in statutes or internal rules of administrative agencies, this is the public structure.

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