손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. The Plaintiff is the owner of Oraba, and the Defendant Republic of Korea is the construction manager and manager of national highways 22 (hereinafter “instant roads”) that passed Goag-gun, Jeollabuk-do, Jeollabuk-do, and Defendant Jeollabuk-do is the person to whom the management of the instant roads was delegated by the Defendant Republic of Korea.
(Management Office: Jeollabuk-do Road Management Office).
On May 24, 2014, while entering a village (D) connected to the instant road from May 24, 2014 to the instant road, the Plaintiff attempted to avoid any ready-mixed vehicle running on the instant road, and caused an accident that deviates from the village access to the road to fall into the right drainage.
(hereinafter referred to as “instant accident”). C.
The Plaintiff suffered injuries that need to be treated for about six weeks, such as damage to the right-hand beer's tyroid, etc. due to the instant accident.
[Reasons for Recognition] Unsatisfy, Gap evidence 3, 4, 10, Eul evidence 2, relevant statutes and guidelines
A. Article 37(1) of the Road Act (Act No. 11690) at the time of the instant accident provides that “the structure, facilities, maintenance, safety inspection, and repair of a road shall conform to the standards determined by Ordinance of the Ministry of Land, Infrastructure and Transport,” and Article 38(1) of the Rules on the Standards for Structure and Facilities of Roads No. 1, which provides that “where deemed necessary to prevent traffic accidents, safety facilities, such as starting-way guiding facilities, protection fences, shock absorption facilities, lighting facilities, lighting facilities, speed prevention facilities, road reflectrs, anti-slurgs, anti-surgs, anti-surgs, road railing facilities, emergency brakes, safety facilities, pedestrian crossings (including underground crosswalks) shall be installed.”
B. The Ministry of Land, Infrastructure and Transport’s guidelines for the installation and management of road safety facilities established on February 2, 2014 set forth the following with regard to the installation of a street protection fence:
The road section falling under any of the following subparagraphs shall mainly leave the road: