손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 16, 2015, the Plaintiff was the owner of the instant vehicle B (hereinafter referred to as “instant vehicle”). On November 16, 2015, when the Plaintiff was operating a container in the Kimpo-dong Industrial Complex to the Incheon New Port, the instant vehicle was transferred from the roads located in Geumdong, Seo-dong, Incheon (hereinafter “instant road”) around 516-3 (hereinafter referred to as “instant accident”).
B. At the time of the instant accident, construction was being performed to expand the existing roads, and the site of the instant accident was the connection section between the existing roads and the rightway.
C. Meanwhile, the instant road construction was being implemented by the Intervenor upon entering into a contract with the Defendant on construction works with respect to the “Secheon-Secheon-Secheon-Secheon-Secheon-Secheon-Semuldo Road Construction Works.
【Ground of recognition】 The fact that there is no dispute, Eul or No. 1, the fact-finding results on the Incheon Branch of the Korean Freight Trucking Association, the purport of the whole pleadings
2. The assertion and judgment
A. In the course of the Plaintiff’s alleged road construction, the instant road was packaged to a private line, without indicating any warning phrase at the time of the instant accident, and accordingly, the instant accident occurred. As such, the Defendant, who is the managing body of the instant road, shall pay to the Plaintiff the amount of damages equivalent to KRW 21 million, totaling KRW 7 million for physical and mental damages, such as repair costs, and KRW 14 million for mental damages, out of the damages suffered by the Plaintiff due to negligence in managing the instant road.
B. Determination of the defects in the establishment and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet the ordinary safety requirements according to its use, and such safety requirements are determined.