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(영문) 대구지방법원영덕지원 2016.02.18 2015가합1002
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to Plaintiffs A and B KRW 45,147,01, Plaintiff C and D, respectively, KRW 45,266,93 and each of the above amounts.

Reasons

1. Basic facts

A. Plaintiff A and B are parents of net E (F) and Plaintiff C and D are parents of net G (H).

(hereinafter referred to as “the networks” in total, including the network E and network G.

At around 16:00 on July 4, 2014, the Deceaseds, who were students of middle school, performed water play together with 11 pro-Gu, including G, in the area near the 71-0cheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter referred to as the “instant accident site”) near the 71-0cheon-do (hereinafter referred to as the “instant river”). At around 16:50 on the same day, the Deceaseds were able to play water play.

(hereinafter referred to as “instant accident”). C.

The river of this case is a local river with a total length of about 40km, which has a religious doctrine as a starting point in the area of the land of Yong-gu, Chungcheongnam-gun, and is a local river with a total length of about 40km as an end point in the same Gun.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including evidence with each number; hereinafter the same shall apply), Eul's each entry or video of the evidence No. 1, and the purport of whole pleadings

2. Occurrence of liability for damages;

A. The river in this case is a local river, which has jurisdiction over its location pursuant to Article 8(2) of the River Act, and is managed by Defendant Gyeongbuk-do (the actual management authority is the Do Governor or the Defendant Gyeongbuk-do, the local organization to which the management authority belongs, and thus, the Do Governor or the person responsible for the damage is the Do Governor or the Do Governor is the local organization to which the river in this case belongs.).

On the other hand, Defendant Young-gun delegated the duties of maintaining and managing the river of this case to the Young-gu Do head under the Local Autonomy Act and the Ordinance on the Delegation of Administrative Affairs for the Gyeonggi-do, etc., and Defendant Young-gun disbursed expenses incurred in maintaining and managing the river of this case.

Therefore, if there is a defect in the management of the river of this case, the defendant Gyeong-do as the manager, pursuant to Article 5 (1) of the State Compensation Act, and the defendant Young-gun, as the manager, shall be liable to compensate for damages caused by the defect in the management of the river of this case pursuant to Article 6 (1) of the State Compensation Act

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