2. The costs of appeal are assessed against the defendant.

Defendant 1 32, 765, 892 won, Plaintiff 2, 3, and 4 respectively to Plaintiff 1, and Plaintiff 5

15, 750, 241 won, 78, 500, 160 won, and each of them from September 1, 2002 to the first instance court.

5% per annum and 20% per annum from the next day to the day of full payment.

Korea shall pay the same amount of money.

2. Purport of appeal

The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiffs' claims corresponding to the above revocation shall be revoked.

All appeals are dismissed.

(a) Basic facts;

[Ground of recognition] A without dispute, Gap evidence 1-1 to 3, 6-1 to 9, Eul evidence 1 to 5, 11-4 to 12-4 of evidence 7-5, photographic video, testimony by ○○○○○ of the party concerned, and the purport of the whole pleadings (1) the status of the parties

Plaintiff 1, 2, 3, and 4 and the network A are children of Plaintiff 1, 2, 3, and 4, Plaintiff 5 are their wife, Plaintiff 6 are their children, and the Defendant is the manager of the road of No. 903 (the road of this case was 910 local level at the time of the accident; hereinafter referred to as “road of this case”).

(2) On the present road, the instant road is a local highway connected to the water surface of Sungju-gun via Sung-gun-gun-gun-si, Kimcheon-si, Kacheon-si, Kacheon-si, Kacheon-si, Kacheon-si, Myeonk-si, Myeonk-si, Myeonk-si, Myeonk-do-si.

3. 25m or shoulder width is a two-lane road set up on an average 2m. On the side of the road, a reduction of the width of 150m or a national river, which is a national river with a width of 150m or more, and in particular, on the road of this case, some of the sections of the road of this case, including Kimcheon-si, Kimcheon-si, the area adjacent to the entrance of the new 4m village (hereinafter referred to as the "accident point of this case"), are combined as roads.

(3) From August 30, 202 to September 1, 2002, the average of 256mm from the 15th typhoon during the Kimcheon-gu's weather and damage caused enormous damage to the life of 27 persons (one death, six missing persons), the disaster victims of 866 years old and 2,545 years old, property damage of 3,51.8 billion won during the period from August 30, 2002, particularly on August 8, 2002.

31. Along with an average of 246mms per day, the strong rain by the time of the accident at the time of Kimcheon-si, Kimcheon-si and its adjacent Kimcheon-si is as follows. (4) On August 31, 2002, the disaster countermeasures status (A) from 00 to 00, the disaster countermeasures against the typhoon's 's typhoon' began to occur in a large amount, and a part of the farmland of the Chocheon-si, Kimcheon-si, Kimcheon-si was flooded, and a part of the farmland of the Ycheon-si, Kimcheon-si was collapseed, and there was a risk of collapse, and since the accident in this case occurred, from 13:00 to 13:0 of the same day in the office of Kimcheon-si, Kimcheon-si, Kimcheon-si, the broadcast was strengthened by several public officials to patrol the situation at a safe place in preparation for disasters, and the broadcast was strengthened by several times.

(B) In addition, around 19:00 on the same day, 19:00 Kamban-si Office opened 20 cambling rooms on the south of the instant accident site, and controlled the flow of the instant road into the new hamban-si by using the instant road. At around 19:40 on the same day, at around 19:0, the road danger signs were installed in front of the new hamban-si located on the north of the instant accident site, and the operation of the instant road was controlled by the hamban-si by using the instant road. (C) Even if the instant accident site and the road were swept away slowly, the traffic control was not implemented on the instant accident site, and the safety reinforcement of the road hamban-si road hamban-si to prevent the flow of the road due to external concentrated care was not taken separately from the road hamban-si around 30,000 on the 3rd of May 19, 2001.

(B) Between them, the reduced bank, which was traveling along the road of this case, did not check the water pressure due to a concentrated rain, and was laid away first, and at the same time part of the road installed in the upper part of the bank, which is to be protected by the bank. At the same time, A, a part of the road was washed away at the point of accident of this case, or a part of the road installed in the upper part of the bank, which was to be protected by the bank. A, without discovering any danger signal that the Plaintiff 1, who was in the vicinity of the road, did not discover with the head of the road, was making it difficult to find out that the road was washed out, and then left the road to the left, but it was cut back to the right side of the vehicle while making use of the road to the right side of the road. A, B, and C, which was on board the vehicle of this case, was turned into the road.

(b) judgment.

(1) The establishment of liability (A) defects in the construction and management of roads, which are public structures, shall be determined in accordance with social norms by comprehensively taking into account all the circumstances, such as the location of the roads, road structures, traffic volume, traffic conditions at the time of accidents, etc., including the original purpose of use, and the location and shape of physical defects. In the event of a defect in the safety of traffic, which is the primary purpose of the roads, such as a concentrated rain after construction of the roads, acts by a third party of such defect, it shall not be recognized as a defect in the preservation of the roads, just because such defect has occurred due to the act of a third party, and it shall be determined whether such defect can be removed and restored to the original state by taking into account all the circumstances, such as the structure, location, environment, and current use of the roads, and safety control of the roads, and it is reasonable to establish a centralized road system to prevent the danger of the road from being concentrated by the road management agency in preparation for the danger of the road from being concentrated by the road.

Therefore, as the managing body of the road of this case, the defendant is responsible for compensating the deceased and the plaintiffs for the damages caused by the accident of this case.

(2) Whether the Defendant has been discharged from liability (A)

The defendant, on August 31, 2002, was lost two lanes of the road of this case, which was located at the upper part of the bank, due to almost all banks that had been lost because they had been unsatisfyed due to a concentrated rain without any predictability or possibility of avoiding ideas, and thus, it is impossible to take a preliminary safety reinforcement measure against the road of this case completely in light of the defendant's financial, human and physical constraints, etc. Therefore, the accident of this case is caused by force majeure without predictability or possibility of avoiding, and thus, it is not caused by the defect in the construction or management of the road of this case, and thus, it must be exempted from liability. (b) The decision of this case is

As seen earlier, as between August 30, 200 to September 1, 202, 200, 'Magman' was 256mm average due to the influence of 'Magman', and 27 meters average (21 persons who died and 6 persons missing), 866 households, 866 victims, 3, 51.8 billion won property damages, and 'Magman' contributed to the average of 246mms per day from August 31, 2002, and thus, it is reasonable to view that 'Magman' has a cause for the accident of this case as the weather change difficult for the defendant, but it is reasonable to view that 20% of the damages suffered by the defendant due to the occurrence of the accident of this case, as well as 9% of the damages suffered by the defendant due to natural disasters. However, it is reasonable to recognize that 20% of the damages suffered by the victim due to the natural disaster of this case, as well as 30% of the damages suffered by the defendant.

(B) Meanwhile, as at the time of the instant accident, it is reasonable to consider the amount of damages to be assessed by the Defendant in light of the circumstances of the instant accident, and the limitation of liability is reasonable to apply the same to B and C, a parent of the instant accident, as a parent of A, for the same reasons as that of B and C, a parent of the instant accident, who did not drive or drive a vehicle extremely due to heavy damages caused by flooding, and failed to properly examine the situation, and failed to discover the fact that the instant accident occurred at the location adjacent to the instant accident, or that the instant accident occurred due to the fact that the instant accident occurred.

(C) Therefore, the scope of the amount of damages that the Defendant is liable to compensate is limited to 30% of the total amount of damages.

2. Scope of liability for damages

A. Determination as to Section B (1) daily income

B Damage from lost income lost due to the instant accident is the amount calculated at the present price as at the time of the accident, based on the facts of recognition and assessment as follows: (a) the amount calculated by deducting intermediate interest at the rate of 5/12 per month as at the request of the Plaintiffs, as follows: (a) the facts of recognition and assessment;

[Ground of recognition] 1, 3, 4, and 5 evidence Nos. 1, 2-1, 2-1, 2-2, and the purport of the whole argument

① Gender, age, and life expectancy: B is a healthy male who was born on August 28, 1942, and remains 60 years old at the time of the instant accident, and the life expectancy is about 18 years old.

② Job and income status: B had been engaged in agriculture while residing in Kimcheon-si, and engaged in agriculture at the time of the instant accident. At the time of the instant accident, the daily wage for male rural communities is KRW 53,093, KRW 57,092, KRW 57,092, KRW 57,467, and KRW 58,145 for daily wage in around 2004.

(3) Maximum working age: By the 25th day of each month until the age of 63 years.

(4) Cost of living: Calculation of 1/3 (b) of income.

On the following day of an accident, 53,093 won for four months from September 1, 2002 to December 31, 2002 x 25 days x 2/3 x 3,503, 076 (hereinafter referred to as "amount below the original") x 57,092 won for 12 months from January 1, 2003 to December 31, 2003 x 30 days x 25 days x 30 x 80 x 30 x 98 x 30 x 4. 8 x 9 x 25 x 30 x 98 x 98 x 95 x 15 x 25 x 36 5 x 25 x 15 5 x 36 5 x 25 15 x 36 5 15 x 25 14.

Plaintiff 1 disbursed KRW 3,00,00 as funeral expenses. (A) The Defendant’s ratio of liability: 30% (b) Property damage in calculatedB: KRW 9,282,247 (30,940,824 x 0.3).

The plaintiff 1's property damage: 900,000 won (3,00,000 won x 0.3) (4) The defendant asserts that since the plaintiff 1's property damage amounting to 20,000 won for A and B and 15 million won for A and C as death consolation money from Kimcheon-si, it should be deducted from each damages amount of A, B and C.

(B) However, since the above death consolation money was purely paid to the citizens as a flood annuity, it can be considered as a ground for calculating consolation money, the defendant's statement of deduction does not have any reason to deduct it from the compensation amount of the above deceased. Thus, the defendant's statement of deduction is without merit. (5) The reason for considering consolation money (a) The age, family relation, occupation, property, and educational degree of the deceased: (b) the situation and result of the accident; (c) the degree of negligence of both parties; (d) the degree of death consolation money paid 20 million won in Kimcheon-si; and (b) other circumstances shown in the argument of this case.

B: 10,000,000 won

Plaintiff 1, 2, 3, and 4: 2,00,000 won, respectively.

Plaintiff 5: 1,200,000

Plaintiff 6: 800,000 won (Ga) inheritance (Ga) inheritance relationship (Ga): calculated as follows: Plaintiff 1, 2, 3, and 4; Plaintiff 5; 3/25; Plaintiff 6; 2/25 (Na) inherited property: 19,282,247 won (property damage 9, 282, 247 won + 10,000,000 won; c).

Plaintiff 1, 2, 3, and 4: 3, 856, 449 won (19, 282, 247 won x 1/5) 5: 2, 313, 869 won (19, 282, 247 won x 3/25)

Plaintiff 6: 1,542,579 won ( = 19,282, 247 won x 2/25) (7) (Ga) Plaintiff 1-6,756, and 449 won (the inheritance amount of KRW 3,856,449 + funeral expenses of KRW 900,000 + 2,00,000 consolation money + KRW 2,000 + 5,3,856, 449 won (the inheritance amount of KRW 3,856, 449 + KRW 2,00,000; KRW 2,000,000; KRW 2,00,000; KRW 2,000; KRW 30,000; KRW 2,005; KRW 39,000; KRW 15,000; KRW 385,00; KRW 45,000; KRW 75,00).

C Based on the facts of recognition and evaluation as follows: (a) the lost income loss lost by the instant accident is the amount calculated at the present price at the time of the accident, as the method the Plaintiffs seek, in accordance with the Hofman Identification Calculation Act, which deducts intermediary interest at the rate of 5/12 per month as follows: (a) the facts of recognition and evaluation;

[Ground of recognition] The 1-1, 2-2, 3, 4, and 5-1, 2-2 of evidence Nos. 1-2, 3, 5-2, and the purport of the whole oral argument

① Gender, age, and life expectancy: C is a healthy female on January 1, 1946, and C remains 56 years of age at the time of the instant accident, and the life expectancy is about 26 years of age.

② Job and income status: C has resided in Kimcheon-si, and engaged in agriculture. At the time of the instant accident, C is 34,839 won for female rural communities at the time of the instant accident, 37,99 won for daily wage in around 2003, 38,314 won for daily wage in around 2004, and 39,715 won for daily wage in around 2005.

(3) Maximum working age: By the 25th day of each month until the age of 63.

(4) Cost of living: Calculation of 1/3 (b) of income.

On the following day of an accident, 34,839 won for four months from September 1, 2002 to December 31, 202 x 25 days x 2/3 x 2/3 x 37,99 won for 12 months from January 1, 2003 to December 31, 203 x 25 days x 360 days x 360 x 47 x 98 x 36 x 96 x 36 x 4. 5 x 97 x 4. 5 x 25 x 97 x 36 x 4. 5 x 97 x 4. 5 x 27 x 9. 3 x 15 x 47 x 28 x 15 x 204 x 12, 204 x 37 x 14. x 5 5 x 14. x 5 2

Plaintiff 1 disbursed KRW 3,00,00 as funeral expenses. (A) The Defendant’s liability limitation (b) the Defendant’s liability limitation (30%: 12,814,958 Won (42,716,529 Won x 0.3).

Plaintiff 1’s property damage: 900,000 won (3,00,000 won x 0.3) (4) special reasons: C’s age, family relation, occupation, property, and level of education; circumstances and result of the accident; degree of fault of both parties; degree of negligence of both parties; amount of KRW 15 million was paid at Kimcheon-si; and other various circumstances shown in the argument of this case.

C: 10,00,000 won

Plaintiff 1, 2, 3, and 4: 2,00,000 won, respectively.

Plaintiff 5: 1,200,000

Plaintiff 6: 800,000 won (Ga) inheritance (Ga) inheritance relationship (Ga): calculated as follows: Plaintiff 1,2,3, and 4; Plaintiff 5; 3/25; Plaintiff 6; 22,814,958 (Na) inherited property: 22,814; 958 won (property damage + 10,000,000 won); 10,000,000 won (c)

Plaintiff 1, 2, 3, and 4: 4, 562, 91 won (22, 814, 958 won x 1/5) 5: 2, 737, 794 won (22, 814, 958 won x 3/25)

Plaintiff 6: 1,825, 196 won (22, 814, 958 won x 2/25) (6) (Ga) Plaintiff 1-7, 462,91 won (2, 562, 91 won + Funeral expenses 900,000 won + 2,000 won + 2,00,000 won + 6,562, 91 won (2,562, 91 won + 2,000 won + 3,97, 94, 200 won + 16, 205, 205, 165, 205, 205, 16: 6: 3,97, 794, 297, 2005, 205, 16: 60, 160 (c)

A Based on the facts of recognition and evaluation as follows: (a) the lost income loss lost by the instant accident is the amount calculated at the present price at the time of the accident according to the Hofman Identification Calculation Act, which deducts intermediary interest at the rate of 5/12 per month as the plaintiffs seek, as the following (b) the method for the plaintiffs seek. (a) The facts of recognition and evaluation;

[Ground of recognition] Evidence Nos. 1-2, 2-3, 3, 4, and 5-1, 2-2, respectively, and the purport of the whole pleadings.

① Gender, age, and life expectancy A is a healthy male who was born on October 10, 1976 and remains 25 years of age at the time of the instant accident, and the life expectancy is about 47 years of age.

② The actual conditions of occupation and income: A has resided in Kimcheon-si, and at the time of the instant accident, A is 45,031 won for the daily wage of an urban ordinary worker, 50,683 won for the daily wage of January 2003, 52,483 won for the daily wage of July 2003, 52,374 won for the daily wage of January 2004, and 52,565 won for the daily wage of July 2004, and 52,585 won for the daily wage of January 2005.

(3) Maximum working age: By the 22th day of each month until the age of 60.

(4) Cost of living: Calculation of 1/3 (b) of income.

A 4 months from September 1, 2002 to December 31, 2002, from September 1, 2002

45,031 】 22 days 】 3. 958 】 2/3 = 2,614, 607 won through June 30, 203 + 22 daysx 22 days x 36. 4, 325 x 26. 5 x 36. 2, 203 x 46. 5 x 26. 36 x 47 x 26. 36 x 4. 5 x 36. 4. 5 x 26. 5 x 27 x 4. 36 x 4. 4. 5 x 27 x 4. 36 x 4. 5 x 27 x 4. 36 x 4. 4. 5 x 27. 5 x 27. 3 x 24. 5 x 20.

Plaintiff 5 disbursed KRW 3,00,000 as funeral expenses. (A) The Defendant’s ratio of liability: 30% (b) the Defendant’s property loss of calculated A: 54,979, 366 won (183, 264, 555 won x 0.3)

Plaintiff 5’s property damage: 900,000 won (3,00,000 won x 0.3) (4) special circumstances: A’s age, family relation, occupation, property, and level of education; circumstances and result of the accident; degree of negligence of both parties; degree of negligence; degree of death consolation money 20 million won from Kimcheon-si; and other various circumstances shown in the argument of this case.

(b) the amount determined;

A: 15,000,000 won

Plaintiff 5: 6,00,000 won

Plaintiff 6: 4,00,000 won (Ga) inheritance relationship (Ga), property heir and inheritance relationship (Ga): Plaintiff 5/5, and Plaintiff 6’s inherited property: 69,979, 366 won (property damage 54,979, 366 won + 15,000,000 won for consolation money)

(C) Calculation

Plaintiff 5: 41,987, 619 won (69,979, 366 won x 3/5)

Plaintiff 6: 27,91, 746 won (69, 979, 366 won x 2/5 x 6) (a) Plaintiff 5:48, 887, and 619 won (the inheritance amount of 41,987, 619 won + funeral expenses of 900,000 won + 6,000 won + 6,000 consolation money) (b) Plaintiff 6: 31,91, 746 won (the inheritance amount of 27,91, 746 won + consolation money of 4,000,000 won).

Therefore, since the defendant has no obligation to complete payment to the plaintiff 1, 14, 219, 440 won (part B 6, 756, 449 won + Part C 7, 462, 91 won), 2, 3, and 40 won (part B 5, 856, 449 won + Part C 6, 562, 91 won) and 56, 339, 282 won (part B 3, 513, 869 won + KRW 3, 937, 794 won + KRW 36, 487, 619), the defendant's claim for payment of money to the plaintiff 6, 36,959, B, 49, and 20,000 won per annum from 20,000 won per annum, 36,959, 219, 29, 3629, 361, and 25.

Judges Kim Gin-jin

Judges 000