손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A. In light of the following circumstances, Article 30(1) of the Rules on the Standards for Road Structures and Facilities provides that adequate drainage facilities should be installed on roads for the purpose of preserving road facilities, ensuring traffic safety, and maintaining and repairing roads. Under Article 30(2) of the Rules, drainage facilities should be properly determined depending on the duration and intensity of rain, and topographical conditions. The above provision’s establishment of drainage facilities is ultimately intended to ensure traffic safety through the maintenance of the road facilities, and it is difficult to view that the purpose is to install drainage facilities to the extent that the damage caused by flooding in neighboring areas can be completely prevented. ② In the process of the construction of this case by the Plaintiff’s civil petition, the Defendant is difficult to conclude that the standard for drainage facilities is installed at the first time (0.30.3), L=7.0m or 70m or volume (0.35), and there is no additional evidence that the Plaintiff submitted to the Plaintiff in light of the fact that the Plaintiff did not have any other evidence as to the construction of drainage facilities.
3. Rather, the following circumstances, i.e., the aforementioned basic facts, the evidence as mentioned earlier, and the purport of the entire pleadings, i.e., (i) the instant damage occurred in the Ulsansan area on October 5, 2016, to the extent that it can be recorded in the highest figures since 1973. Due to the concentration of houses, the G River located in the vicinity of the instant plant was scattered, and the neighboring apartment and commercial buildings were set away in water, and the fence of the instant apartment and commercial buildings were set up in water, and the wall of the instant factory was cut away. < Amended by Presidential Decree No. 15035, Oct. 5, 2016>