구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The grounds for the recognition of the judgment of the court of first instance and the judgment of the amended party members are as follows: “93,153,840 won out of the treatment costs for E” in Part 2 of the judgment of the court of first instance 18, “93,18,840 won out of the treatment costs for E”; “5,710 won out of the treatment costs, etc. for E”; “F” in Part 3, “5,710 won out of the treatment costs, etc. for 4,914,530 won out of the treatment costs, etc.”; and “total 9,330,730 won” in Part 2 of the judgment of the court of first instance shall be deemed as “total 9,234,50 won” in Part 3; and therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The Plaintiff asserts that there was a defect in the construction and management of public structures at the site of the instant accident, such as the starting-way guiding facility, protective fence, and shock absorption facility, which are stipulated in the statutes or the internal rules of the administrative agency. As such, Article 38 of the Rules on the Structure and Facility Standards of Roads (amended by Act No. 1438, Dec. 2, 2016) enacted under the delegation of Article 50 of the former Road Act (amended by Act No. 14338, Dec. 2, 2016) provides that “where deemed necessary to prevent traffic accidents, safety facilities such as the starting-way guiding facility, protective fence, and shock absorption facility shall be installed.” Accordingly, the Ministry of Construction and Transportation Guidelines for the installation and management of road safety facilities (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 69, Feb. 14, 2014; hereinafter referred to as the “instant guidelines”) of the Ministry of Land, Infrastructure and Transport enacted pursuant thereto shall be deemed to exist.
in subsection 3) of this section, “A section deemed necessary in the section adjacent to the sea, lake, river, lake, marsh, waterway, etc.,” and “A section,” deemed necessary in consideration of the front and rear linear shapes, before and after the 300-meter radius, on the road in which the valley radius is less than 30 meters.
The effect of installing a protection fence shall be to install the protection fence on the road with at least 4 percent of the indoor slope in 3 cases.