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(영문) 서울중앙지방법원 2019.04.24 2018가단5057151

손해배상(기)

Text

1. The Defendants jointly share 3,026,253 won, Plaintiff B, C, and D respectively, and each of the said money.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) Plaintiff A is the network F (hereinafter “the network”).

(2) The Defendant E Co., Ltd. (hereinafter referred to as the “Defendant Company”) is the starting works of national highways 7 G road construction works (hereinafter referred to as the “instant construction”) and the Defendant Republic of Korea is responsible for managing the road of this case.

B. On October 23, 2016, the Deceased was driving a car owned by the Deceased on October 17:24, 2016, and driving a road of two-lane H in the vicinity of Gosung-gun, Gangwon-do (hereinafter “instant road”), among the 7th line G of the National Road G, with a heavy air-proof area, the Deceased of the traffic accident was driving over the center line as indicated in the attached Form No. 1 on the ground that it could not be known, and driving over the center line as indicated in the attached Form No. 1, the part of the front part of the said vehicle was shocked to the end of the central separation unit of the protective fence, and accordingly died at the I Hospital around 18:30 on the same day.

(hereinafter referred to as the “instant accident”). On the same day, the sunset time was 17:44, and the weather took place at the time of the accident.

C. The road in the instant construction section was temporarily opened on August 15, 2016 and opened on December 20, 2016, which was after the instant accident. 2) Article 50 of the Road Act and Articles 38 and 48 of the Rules on the Standards for Road Structures and Facilities, which are the guidelines determined by the Minister of Land, Infrastructure and Transport pursuant to Article 50 of the Road Act, are as follows.

5. Safety facilities for improvement of eyesight 5.1.2 kinds.

(a) The obstacle marking;

(b) Marks of the color of structures and brooms;

(c) Central separation zone against a protective fence-type 5.3.1 of the starting-line leading fence;

(b) install facilities such as surface signs of obstacles, structure painting, etc. at night in order to improve the sight of the central separation unit, and conflict between the central separation unit and the vehicle.