구상금
All appeals are dismissed.
The costs of appeal are assessed against each party.
The grounds of appeal are examined.
1. The lower court determined that the Defendant’s liability for damages caused by the instant accident was based on the comprehensive evidence duly admitted and determined as follows.
The sewage officer of this case caused continuous leakages in the manle and fume joints, and due to this, the surrounding underground soil stations were washed out, and the structure was not safe enough to have a large and deep dynamic hole in the underground.
B. Although the road of this case was left alone without any particular measure even though the continuous leakage of soil and sand occurred under the ground, the road of this case was affected by the situation where the road of this case was left in a state where there was no other measure. As a result, approximately two hours of work, the road of this case was invaded due to the failure to check one load of the vehicle of this case.
It should be deemed that the instant road fails to meet the safety requirements of the road objectively.
C. Therefore, it is reasonable to deem that the instant accident was caused by the defect of the instant sewage culvert managed by Defendant A management body (hereinafter “management body”) and the defect of the instant road managed by Defendant Seoul Special Metropolitan City.
The Defendant Management Body, who is the manager of the instant sewage pipes, is a structure manager under Article 758(1) of the Civil Act. Defendant Seoul Special Metropolitan City, who is the road management agency of the instant case, is jointly responsible for compensating the victims for the damages caused by the instant accident, as a construction manager and manager of public structures under Article 5(1) of the State Compensation Act.
① At the time of the instant accident, B, the owner and operator of the instant vehicle, had the repair workers of the instant vehicle board the instant vehicle without wearing or installing protective equipment, such as safety cap, safety belt, safety belt, etc., and pedestrians walking near the work section during work hours.