구상금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the first instance, except where the court considers “this court” as “the first instance court” as “the reasons for this part of the judgment of the first instance,” and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act
2. The parties' assertion
A. The plaintiff's assertion 1) The Doksan landslide (hereinafter "the landslide of this case") occurred at the time of the accident of this case
2) If soil and sand coming into the road, etc. covered the instant vehicle 17, 22 vehicles (vehicles in the south cycle) in which they were driving on the road and caused damage to the vehicle, the Defendant is liable to compensate for damage under Article 2 of the State Compensation Act due to the police's failure to control traffic and prevent accidents on the road accidents. 2) The Defendant caused soil and sand coming into the instant landslide, etc. by the earth and sand, etc. that led to the instant landslide, which led to the occurrence of personal damage to the passengers of the vehicle due to the collision of the vehicle in the instant annexed Form 2 (vehicles in the two roads) in which the vehicle was driving on the road. The Defendant is liable to compensate for damage under Article 2 of the State Compensation Act due to the failure to control traffic and prevent accidents on the road.
3) The Plaintiff paid insurance money as shown in the Appendix 1 Nos. 17, 22 and 2 with respect to each of the instant accidents and personal injury. Considering 50% of the contribution of the natural force, the Defendant is obligated to pay to the Plaintiff an amount equivalent to 50% of the above insurance money pursuant to Article 682 of the Commercial Act. (B) The Defendant’s assertion 1) The traffic control of the police officers belonging to the Defendant on the south-west cycle road where there were vehicles in the instant case 17, 22.
2 In the case of the two materials in which the attached Form 2 of this case had existed, it is difficult to regard them as a place directly affected by the landslide in the U.S., and it cannot be deemed that the occurrence of a disaster or danger was predicted to the extent that the traffic control should be conducted.