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(영문) 광주지방법원목포지원 2017.10.19 2016가합11917
손해배상(기)
Text

1. Defendant Supo-si is subject to KRW 105,881,931, and KRW 4,000,000, respectively, to the Plaintiff A, KRW 170,82,897, and Plaintiff B and C.

Reasons

1. Facts of recognition;

A. 1 Status of the Parties 1) Net F (hereinafter “the network”).

) The male of Girs is the male of Girs, and around 22:20 on July 8, 2016, H-si H PP rail (hereinafter “instant rail”).

2) The instant accident was crashed and died (hereinafter referred to as “instant accident”).

2) The Plaintiff A is the deceased’s wife, and the Plaintiff B and C is the deceased’s father, and the Plaintiff D is the father of the deceased. 2) The local government in charge of the installation and management of the rail of this case is the local government, and the Defendant E is the father of the deceased.

B. On July 8, 2016, the Deceased of the instant accident: (a) around 22:20, when he fested with members of the golf club and was waiting for a vicarious driving engineer, he/she died of the instant accident at around 00:32, on July 9, 2016, when he/she lost weight-centered and was waiting for a vicarious driving engineer; and (b) was sent back to the hospital after getting away from the instant rail.

C. 1) The instant rail was connected to a rail structure with a height of about 1.2 meters, depending on the delivery of the second line road located at Hapo City H. The columns and a rail structure were connected to a rail structure with a length of about 2.7 meters. Under the retaining wall where the instant rail is installed, there was an I association parking lot, and the height from India to the above parking lot is about 2.5 meters from India to the above parking lot, and there was no special buffer zone or safety facility in addition to the instant rail. 2) The area where the instant rail was installed is a place where people walked with apartment and commercial buildings.

In relation to the contents of the relevant administrative rules and the construction of pedestrian protection fences such as the rail of this case, administrative regulations with the following contents are enacted:

(hereinafter referred to as “instant safety guidelines”). Guidelines for the installation and management of road safety facilities (No. 146 of the Rules of the Ministry of Land, Infrastructure and Transport, and the partial amendment of December 30, 2016) 1.2. These Guidelines are standards for the installation, maintenance, and management of vehicle protection safety facilities prescribed by the Road Act.

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