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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Summary of claims, etc. and determination thereof
A. Around 16:59 on October 15, 2017, Plaintiff A, at around 16:59, was involved in an accident of falling down with a bicycle on the river floor due to a low bridge between the players coming from the opposite side of the bridge while towing a bicycle on the side below the F G point located in the Geum-gu, Busan.
(2) In the above accident, Plaintiff A received treatment by suffering from injury, such as the right-to-hand heat, but suffered from the disability of “the right-to-hand name” due to the above internal wave. Plaintiff B’s wife, and the rest of Plaintiffs A’ children.
(3) Although the Defendant, as a manager of the above accident bridge, installed a rail as a facility to prevent the fall above on the bridge, he was responsible for compensating the Plaintiffs for the following damages, since the Defendant committed negligence in the construction of the facility, such as the height up to 40cm.
- Medical expenses: 2,530,220 - Costs for employing substitute human resources: 7,000,000 won ( even though the Plaintiff’s family members were the management of the commercial building, the expenses for employing substitute human resources for the management of the commercial building were monthly 1,400,000 won for five months due to the above accident) - The Plaintiff A: 30,000,000 won for 30,000 won for : the remaining Plaintiffs: 10,000 won for 5,00,000 won for each accident.
B. (1) The "defect in the construction and management of a public structure" under Article 5 (1) of the State Compensation Act refers to a state in which the public structure is not equipped with safety ordinarily required for its use. The construction and management of a public structure cannot be readily concluded that there is a defect in the construction or management of the public structure on the ground that it did not have a high level of safety to the extent that it always maintains a perfect state. The duty to take protective measures imposed on the installer or manager of the public structure is the danger of the public structure.