beta
(영문) 대전지방법원 2017.01.26 2016나110664

구상금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

Basic Facts

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, in addition to the deletion of the "On the 3rd part of the judgment of the court of first instance, the road surface and approximately 1.1m height difference between the road surface and the road surface by abutting on the waterway and abutting on the waterway." This part of the judgment of the court of first instance is to be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the corresponding part of the reasoning of the judgment of the court of first instance, in addition to the deletion of the "On the 10th half to 11st half of the 3rd part of the common-based telecommunication system".

The court's explanation on this part of the parties' assertion is the same as the corresponding part of the reasoning of the judgment of the court of first instance, in addition to adding the following contents to the five pages 3 of the judgment of the court of first instance. Thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.

[In addition, pursuant to the Enforcement Rule of the Road Traffic Act, the Defendant installed traffic signs, such as signs, dangerous signs, and slowly signs, before reaching the corners including the point of accident in this case, and did not install them in accordance with the road regulations.] The defects in the construction or management of the public structure under Article 5 (1) of the State Compensation Act concerning the cause of the Plaintiff’s claim refer to the state where the public structure is in a state of failing to have safety ordinarily required for its use. Thus, the construction or management of the public structure can not be said to have defects in the construction or management of the public structure only because the public structure is not in a state of complete integrity and there is any defect in its function. In determining whether the safety was satisfied above, the construction manager is generally required in proportion to the danger of the public structure in light of social norms, comprehensively taking into account all the circumstances such as the purpose of the public structure in question, its location, and its use status.