손해배상(기)
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.
1. Basic facts
A. The details and result of the accident 1) The Plaintiff is a passenger car car volume B around 06:41 July 26, 201 (hereinafter “instant vehicle”).
2) The road of this case is the road of this case (hereinafter referred to as the “road of this case”) in front of the Gyeong-ri, the Do, the Do and the Do and the Do and the Do and the Do,
) During the process of a police box at the direction of the Tti village, the fleet was pushed down with the center line, and the driver’s pentel part of the instant vehicle C, which was 25 tons of the driver’s seat in front of the driver’s seat of the instant vehicle, was shocked, and the instant vehicle was shocked by the impact, approximately KRW 62 cm at a height of 62 cm installed on the right side of the running line (hereinafter “instant guard”).
B) Over 15 meters, the river site fell below 15 meters (hereinafter “instant accident”).
(2) The Plaintiff suffered injury, such as cerebral cerebral cerebral cerebral Sponsor, cerebral cerebral cerebral cerebral Sponsor, etc.).
B. The defendant is a local government that establishes and manages the instant road and its appurtenances, which are the instant guard day.
[Reasons for Recognition] Unsatisfy, each entry or video of Gap's evidence 1 (including a branch number) through 6, the purport of the whole pleadings
2. Plaintiff’s assertion and judgment
A. The summary of the Plaintiff’s assertion 1) The Defendant is obligated to maintain and manage the instant road and its appurtenances so that vehicles passing along the instant road can safely pass along. On the other hand, the instant guardrail is a public structure installed to minimize the degree of driver’s injury by preventing a vehicle from falling away from the road or directly conflicting with the structure of the vehicle. However, the instant guardrail, which was in force at the time of the instant accident, failed to meet the standards stipulated in the “Standards for Installation and Management of Road Safety Facilities” established by the Ministry of Land, Transport and Maritime Affairs, which was established by the Ministry of Land, Transport and Maritime Affairs at the time of the accident.
The point of accident in this case is at the risk of falling.