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(영문) 서울중앙지방법원 2015.06.11 2014가합572647
손해배상(기)
Text

1. The Defendant: (a) KRW 38,567,278, respectively, and KRW 5% per annum from July 13, 2014 to June 11, 2015, respectively, to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On July 12, 2014, the deceased C (hereinafter “the deceased”) visited the light plaza of the Han River Park located in Yeongdeungpo-gu Seoul Metropolitan City and the Plaintiffs, parents, and the Han River Citizens Park located in Yeongdeungpo-gu.

B. The water light plaza is a square created as a part of the plan for the installation of the Han River in the Han River around August 2009. The light plaza is a water play space designed to allow experience, such as gathering the Han River water directly adjacent to the Han River water if it is created by creating a water-friendly space and view space so as to allow citizens to directly experience water in the light, on the basis of a broad slope grade (e.g., Cascade, a small size) that emphasizes the flow of water that flows into Han River and the flating of a flat.

C. On July 12, 2014, the Deceased was playing in the water light plaza around 16:00, and entered the Han River connected with the stairs of the water light plaza between the plaintiffs locked one eye, and the plaintiff A immediately followed the deceased, but the deceased left the deceased's arms, but the deceased was placed on the wind where the body flap was performed by the deceased, and the plaintiff A also went into the Han River.

Since then, the plaintiff A was immediately rescued by a person who was in a water skiing in his wife, but was not rescued by the deceased. After the first 119 first responder, the deceased was rescued, and the deceased was transferred to the KaTol University Women's Institute of Domology after the death of the deceased. However, on July 13, 2014, the deceased died from a multi-long-term mass divers (the event of a ship) around 00:45.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 5, 9, Eul evidence Nos. 1 through 5, video (including paper numbers) and the purport of the whole pleadings.

2. Determination

A. The defects in the construction or management of public structures as stipulated in Article 5(1) of the State Compensation Act in the first basic legal principle regarding the occurrence of liability for damages are those of public structures.

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