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(영문) 전주지방법원 남원지원 2017.03.22 2016가단1749
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around May 17, 2016, the Plaintiff’s husband, who is the Plaintiff’s husband of the claim (hereinafter “the deceased”), died due to the Plaintiff’s death caused by the sewage-guurine installed adjacent to the D Building D (hereinafter “the instant accident”) located adjacent to the D Building D, Namwon-si, Seoul (hereinafter “the instant accident”), and the Defendant did not install a man-person cover the instant accident despite being installed at a frequent place where many unspecified people pass through, and did not install a special danger mark or blocking facility despite being installed.

Thus, since the accident of this case occurred mainly due to the defendant's negligence of management and supervision, the defendant is liable to compensate the plaintiff for the property mental damage suffered by the deceased and the plaintiff.

2. In order to recognize the defendant's liability for damages against the accident of this case, the accident of this case should be classified into the public structures installed and managed by the defendant, and the "public structures" under Article 5 (1) of the State Compensation Act refers to remains or physical facilities which have been granted for specific public purposes by the State or local governments, and includes not only ownership, lease, and other powers, but also the cases where the State or local governments actually manage the accident (see, e.g., Supreme Court Decisions 80Da2478, Jul. 7, 1981; 94Da45302, Jan. 24, 1995). However, in addition to the arguments stated in subparagraph 1 and subparagraph 2 of Article 5 of the State Compensation Act, it is not only a multi-household facility installed within the boundary of the building of this case but also a multi-household facility managed by the defendant.

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