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(영문) 대법원 2015.01.29 2013다16657

손해배상(기)

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below found that the accident site of this case in the judgment of the court below acknowledged the fact that the traffic volume is high, the height of the shoulder and the surface of this case in the judgment of the court below was originally the same, but the height of the road surface was about 6 cm at present at several times, and about 5 cm at the location of the accident among the road shoulder of this case, and about 85 cm at the end of the road shoulder of this case where the water surface of this case did not contain a width of about 85 cm from among the road shoulder of this case, and that the plaintiff Gap's riding a motorcycle and passing through the road shoulder of this case cannot be seen as deviating from the ordinary and orderly use method of the road, and that there was a defect that is not equipped with ordinary safety in accordance with the purpose of the road shoulder of this case, which caused the accident of this case.

2.(a)

Article 2 subparag. 29 of the Rules on the Standards for Road Structures and Facilities (hereinafter referred to as the "Rules of this case") provides that "the part of a road connected to a roadway in order to protect the road shoulder and to be used in an emergency" means the part of the road that is installed in order to use it, and Article 2 subparag. 21 of the Rules provides that "the road means the part of the road that is used for the motor vehicle traffic and is composed of the lanes" and Article 13 subparag. 19 of the Road Traffic Act provides that "the part of the road that is divided by the lane to allow the motor vehicle to pass along the lane to reduce the prescribed part of the road" and Article 13(1) of the Road Traffic Act provides that "the drivers of motor vehicles and horses shall pass along the roadway, on the road that is divided into the sidewalk and the roadway" and Article 14(2) of the Road Traffic Act provides that "the drivers of motor vehicles and horses shall pass along the roadway except as otherwise provided."