1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Basic Facts

Plaintiff

A and B are married to the deceased D (hereinafter referred to as the “the deceased”), and the Plaintiff C is the mother of the deceased.

The defendant is entrusted with the maintenance work of Gapcheon, a national river, according to the River Act.

On August 25, 2014, the Deceased: (a) around 20:53 on August 25, 2014, on the 32th of Seo-gu Daejeon, Seo-gu, Seo-gu, Seocheon Park (hereinafter “the bridge of this case”) opened on the Acheon-ro adjacent to the Yacheon Park, which was cut off from the Yan Park Park to the parallel of the instant bridge of this case due to a heavy rain; and (b) caused the storm to the river of this case, the Deceased was over

(hereinafter referred to as the “instant accident”). [The grounds for recognition] did not dispute, Gap’s statements, Gap’s evidence Nos. 1, 4, 7, and 8, Eul’s evidence Nos. 1, and Eul’s evidence Nos. 1 (including serial numbers) or video, and the overall purport of the oral argument, which led to a large number of rains on the date the plaintiffs’ assertion was made.

In such cases, the defendant who is responsible for the management of the instant bridge is obligated to prevent the accident by closing the entrance of the instant bridge so that the passager does not collapse the instant bridge, or by posting safety personnel.

Nevertheless, the Defendant did not take any measure, and thus, caused the instant accident to the Deceased who dried the instant bridge.

The defendant, as a manager of the instant bridge, is obligated to compensate the deceased and the plaintiffs for property and mental damage pursuant to Article 5 (1) of the State Compensation Act.

Facts of recognition

이 사건 다리는 갑천의 제방보다 낮게 설치되어 비가 많이 오는 경우에 하천물이 다리 위로 넘쳐흐르는 이른바 ‘세월교(洗越橋)’로, 자동차의 진입은 제한되고 보행자나 자전거 등의 통행은 가능한 다리이다.

In this case, a rail is installed on the bridge, and the rail flows along the direction of the river in order to prevent the damage of the rail due to the floating water coming from the upstream if the water level of the river increases more than about 20 cm than the floor surface of the bridge.