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(영문) 서울중앙지방법원 2015.01.14 2014가단5132863

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

(a) Facts below the basis of facts do not conflict between the parties, or may be acknowledged on each entry in Gap evidence 1 to 11, by taking into account the whole purport of the pleadings;

1) On January 10, 2012, A around 03:55, 2012, his mother, driving a B-car owned by his mother, and proceeded with the national highway No. 17 adjacent to the Chungcheongnam-dong, Chungcheongnam-do, Namwon-si, which had been installed two-lanes on the southwest-do, and then failed to accurately manipulate the two-lanes, and caused C’s death in the car due to the failure to maintain balance between the said car and the two-lanes while driving the national highway from the southwest-do, Nam-do, and caused a traffic accident involving D, E, F, and G injury (the instant accident below) to be returned to the right-hand side of the car, and the Plaintiff paid the insurance money to C’s bereaved family members, etc., the victims of the instant accident, by February 3, 2014, who entered into a comprehensive automobile insurance contract with respect to the car with his mother.

B. The instant traffic accident, which is the cause of the claim, was in a state where the Defendant failed to fulfill his duty to take protective measures necessary for the road at the location of the accident, and eventually, the road was not equipped with safety ordinarily, which caused the occurrence of the instant traffic accident and the expansion of damages.

The Defendant’s negligence on the instant traffic accident damages is 30%, and thus, the Plaintiff sought payment of KRW 46,897,560, which is 30% of the amount paid as insurance money.

C. 1. "Defects in the construction and management of public structures" in Article 5 (1) of the State Compensation Act refers to the state in which the public structures are not equipped with safety ordinarily required for their use. In the construction and management of public structures, it cannot be said that there is a defect in the construction and management of public structures on the ground that it does not have a high level of safety to the extent that it always maintains a perfect state of integrity.