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(영문) 창원지방법원 2014.07.24 2013가합33003
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A is the network D (hereinafter “the network”).

(2) The defendant is the manager of an expressway. The plaintiff B and C are the deceased's children.

B. On December 28, 2012, the Deceased of the instant accident, driving a E-car around 5:30 on December 28, 2012, and driving one lane among three-lanes at a point of 16.6km in Busan located in the northwest-dong, Yangsan-si, in order to narrow the snowway, and driving a two-lane and three-lanes toward the right side while driving the central separation zone, leaving the two-lanes and three-lanes, and falling down to a local area below about 4.7 meters away from the side, and died on that spot.

(hereinafter referred to as “instant accident”). [The ground for recognition] A’s absence of partial dispute, each entry in Gap evidence Nos. 1 and 2(including virtual numbers), and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The plaintiffs asserted that since the accident of this case occurred due to defects in the construction and management of the road as follows, the defendant, the manager of the expressway, is liable to compensate the plaintiffs for the damages suffered by the deceased and the plaintiffs according to the defendant's fault ratio.

① At the time of the instant accident, heavy snow caused enormous hindrances to the operation of vehicles, and the Defendant neglected snow removal works despite the duty of prompt maintenance of the roads to prevent any hindrance to the operation of vehicles due to snow or ice ice screening.

② Along with the legal aspect of a height of seven meters above the highway where the instant accident occurred, the Defendant did not perform the above duty despite the duty to install a protective fence in accordance with the “Guidelines for Installation and Management of Road Safety Facilities” established by the Ministry of Land, Transport and Maritime Affairs, which is established by the Ministry of Land, Transport and Maritime Affairs.

B. The standard of determining defects in the installation and management of one road on a board is the use of a structure for the installation and preservation of a structure under Article 758(1) of the Civil Act.

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