손해배상(자)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
(a) D is a male male, and is engaged in private taxi transportation business in Daegu using F rocketing other vehicles.
B. D around January 5, 2015, around 04:40, while driving the above taxi and driving the national highway No. 5 on the Daegu-do bank, D was merely in the vicinity of the Geumbuk-do Gllcheon-gun.
In other words, the water supply management has been dried up at C's factory building operating G in the roadside of the road.
As tap water flows into and out of roads, the roads were iced.
D The taxi passed through the ice road, and turned away from the road to the right side of the direction of the passage, and received roadside trees.
D In the instant accident, D died on its job.
C. D is a successor to the plaintiffs who are children.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7
2. Whether liability for damages arises;
A. The gist of the Plaintiff’s assertion 1) is that the Defendant is responsible for managing the national highway, which is the place of accident. At the time of the instant accident, the area of the accident was clean, and there was no snow or rained. Nevertheless, the site of the instant accident is a defect in the construction or management of the road, which is a public structure. Furthermore, it constitutes a defect in the road that has not been installed a street at the place of accident, and that there was a defect in the construction or management of the road. 2) The Defendant’s assertion that there was a defect in construction or management under Article 5(1) of the State Compensation Act, construction or management under Article 758(1) of the Civil Act.
B. The defect in the construction or management of a public structure under Article 5 (1) of the State Compensation Act, which serves as the basis for judgment, refers to the defect in the construction or management of the public structure, in a state of failing to meet the safety requirements ordinarily required for its use. Thus, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has any defect in its function, and whether it has such safety requirements.