(영문) 대구지방법원포항지원 2015.03.10 2014가단8880

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(영문) 대구지방법원포항지원 2015.03.10 2014가단8880

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2013, the Plaintiff, while driving the Obaba (B) on November 20, 2013, turned out by sand away from the two apartments, while driving a three-distance road from the Jungungdong shooting range (hereinafter “instant road”) to the left from the Hanbaba-dong shooting range at the north-gu, Yongsan-dong (hereinafter “instant road”).

(hereinafter “instant accident”). (b)

The Plaintiff suffered injuries, such as felkes, which require 16 weeks of medical treatment due to the instant accident.

C. The Defendant is the managing authority for the instant road.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-3, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff alleged on the instant road had a high risk of slicking vehicles due to the difference of sand and gravel, the Defendant had conducted the removal of sand and gravel as a manager of the said road.

Nevertheless, since the instant accident occurred due to the defect in the management of the public structure that the Defendant failed to take the above measures, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident.

B. "Defects in the construction and management of a public structure" under Article 5 (1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily required for its use. In the construction and management of a public structure, defects in the construction or management of the public structure can not be said to have been caused by defects in the construction or management of the public structure on the ground that the construction or management of the public structure was not equipped with a high level of safety to the extent that it always maintains a perfect state of integrity. The degree of duty to take protective measures imposed on the installer or manager of the public structure refers to the level that is generally required in proportion to the danger of the public structure. Thus, in the case of a road which is a public structure, the relationship with the other public structure or

참조조문

-국가배상법 제5조 제1항

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