구상금
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendants are the defendants.
1. The reasons for this part of the underlying facts are as follows: (a) of the corresponding part of the judgment of the court of first instance, the “road” is added to the “road” of the corresponding part of the judgment of the court of first instance 4; (b) the “05:00 square meters”, which is the time of accident, is removed to the “02:00 square meters”; and (c) except for adding “B Nos. 11 and 12” to the column of the basis for recognition, it is identical to the part of the judgment of the court of first instance 1, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Related statutes;
A. Based on Article 50 of the former Road Act (amended by Act No. 1515, Nov. 28, 2017; hereinafter “Road Act”), the Rules on the Standards for Structure and Facilities of Roads (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 706, Mar. 6, 2020; hereinafter “Road Rules”) was enacted. Article 38(1) of the Road Rules provides that “If deemed necessary to prevent traffic accidents, it shall install safety facilities, such as starting-line guiding facilities, protection fences, shocking facilities, lighting facilities, lighting facilities, speed prevention facilities, speed prevention facilities, road traffic safety facilities, emergency brake facilities, pedestrian crossing facilities, crosswalks (including underground crosswalks), etc. In addition to the matters prescribed by the said Rules, detailed matters concerning road structures and facilities shall be as prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport, and the Ministry of Land, Infrastructure and Transport shall establish and implement guidelines for the installation of safety facilities as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. 10.
(hereinafter referred to as “instant guidelines”). (b)
In order to prevent vehicles from departing from the streets, the instant guideline provides that, in principle, a defensive fence shall be installed in a section that is deemed necessary in a section adjoining the sea, lake, river, lake, marsh, waterway, etc., and (2) a defensive fence shall be installed.