손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On October 26, 2010, Plaintiff A driven a D motorcycle owned by Plaintiff B, and suffered injuries, such as double-frameing, etc. concentrated on the right side of the two sides of the road (Article 2 subparag. 29 of the Rules on the Standards for Road Structure and Facilities, the part of the road connected to the roadway to protect the road and to be used in an emergency, hereinafter “instant road”) installed adjacent to the intersection in the direction of the intersection in the direction of the Busan Jin-gu military police zone, Busan (hereinafter “instant road”) from the intersection. < Amended by Presidential Decree No. 22420, Oct. 26, 2010>
【Reason for Recognition】 Each description of the evidence Nos. 1, 4, and 6 (including the number of each class), the appraisal result of appraiser E, and the purport of the whole pleading
2. Determination as to the cause of action
A. The drainage hole installed on the shoulder of the plaintiffs' assertion of this case protruding the left part, which constitutes a defect in the installation and preservation of a structure under Article 758 (1) of the Civil Code.
The Defendants neglected the duty to take protective measures given to the Defendants, such as: (a) the local government that occupied and managed the road of the instant accident site; (b) the instant accident site was anticipated to drive the vehicle on the side of the road due to the frequent operation of the vehicles; (c) the height of the drainage hole installed at the instant accident site was fixed; or (d) the protruding part was not repaired.
The accident of this case occurred due to the above negligence of the defendants, and the defendants are jointly and severally liable to compensate for the damage of the plaintiff A and the mental damage suffered by the plaintiff B and C, the family member of the plaintiff A due to the accident of this case.
(b) liability for damages.