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(영문) 서울중앙지방법원 2017.11.22 2017나48637

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and the evidence submitted by the court of first instance is deemed legitimate in view of the evidence submitted by the court of first instance to this court and the video of evidence Nos. 6 through 9 (including video products No. 6) and the video of evidence No. 10, which were submitted to the court of first instance.

Therefore, the court's explanation of this case is as follows: "The defendant's vehicle conflicts with the plaintiff's vehicle at the two-lanes of the progress direction of the defendant's vehicle after passing through the intersection after passing through the intersection" in Part 2 of Part 18 of the judgment of the court of first instance, "The plaintiff's vehicle conflicts with the damaged vehicle at the two-lanes of the passing direction of the plaintiff's vehicle after passing through the intersection," and the part of "the judgment" written between Part 1 to Part 7 of Part 5 is as stated in the judgment of the court of first instance except for the part written as "the part written after passing through the intersection" as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

나. 판 단 ⑴ 이 사고 사고지점 도로에 하자가 있는지 여부 ㈎ 관련 법리 국가배상법 제5조 제1항에 정해진 영조물의 설치 또는 관리의 하자란 영조물이 그 용도에 따라 통상 갖추어야 할 안전성을 갖추지 못한 상태를 의미한다.

However, if a public structure has any defect in its function, it cannot be said that there is a defect in the construction or management. In light of various circumstances such as the use of the public structure and the current status of the installation site and the current status of the use thereof, the determination of whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure should be made in addition to the financial and material restrictions of the installer or manager.

Therefore, the construction and management of roads, which are public structures, is also necessary.