손해배상(기)
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds alleged by the Plaintiffs in the first instance court while appealed, are not significantly different from the allegations in the first instance court, and even based on the evidence additionally submitted in the first instance court, the judgment of the first instance court dismissing the Plaintiffs’ claims is justified.
Therefore, this court's reasoning is as follows, except for the addition of the judgment of the plaintiffs as to the argument emphasized by the trial court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.
2. Additional determination
A. The gist of the plaintiffs' assertion 1) The accident of this case did not arise in the valley section, but occurred in the new section of the straight line completed according to the construction of this case. Accordingly, the accident point does not fall under the "road installed for the purpose of temporary use" or "road installed for the purpose of temporary use". 2) In the case of the accident point of this case, the height of the street reached 2 m through 2.5m, and the right side of the road is immediately cut down without the slope itself. Thus, in the statement of reasons for appeal as of October 27, 2017, the plaintiffs asserted that "the right side of the accident point of this case is a slope of about 5m in length and about 3.5m in vertical height," but thereafter, since the accident point was modified through the preparatory brief as of March 20, 2018, it is determined based on the changed assertion.
It constitutes a road where a protective fence is to be installed in accordance with the instant rules or the instant guidelines.
B. In full view of the following facts and circumstances revealed prior to whether the instant accident point constitutes “road installed for the purpose of temporary use” or “road for the purpose of temporary use,” the instant accident point is stipulated in Article 45 of the Rules.