2012 Gohap 524347 Compensation (as referred to in this paragraph)

1. Matern○○;

2. Kim○-○

3. Stambed ○.

4. Classification of Kim Il;

[Defendant-Appellee] Plaintiff 1 and 2 others

Seoul Metropolitan Government

Representative City Round

Law Firm Gyeongsung, Attorney Kim Sung-soo, Counsel for the plaintiff-appellant

March 21, 2013

June 20, 2013

1. The Defendant shall pay to the Plaintiff Y○○○ in 61, 807, 656 won, Plaintiff Kim ○, and Park ○○ each of the KRW 40,871,771 won, and KRW 3,00,000, and KRW 00 to the Plaintiff Kim Il-young for each of the said money, and KRW 5% per annum from January 19, 2012 to June 20, 2013, and KRW 20% per annum from the next day to the day of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. Of the costs of lawsuit, 70% is borne by the Plaintiffs, and the remainder is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant 227, 260, 986 won, plaintiff Kim ○○, 220, 260, 986 won, and plaintiff Park ○○.

Before January 19, 2012, 207, 260, 986 Won 30,000,000 for the Plaintiff Kim Il-young and each of the said money.

From the date of service of the complaint of this case to the date of service of the complaint of this case, 5% per annum and 20% per annum from the following day to the date of complete payment.

The payment of money at each ratio is made.

1. Occurrence of liability for damages;

A. In fact 1, the Plaintiff Kim Jong-○ was the father (the father) of the hidden network Kim Jong-moo (hereinafter referred to as “the deceased”) due to traffic accident at the inside cycle of Seoul on January 19, 2012, and the Plaintiff Park Jong-○ is the mother (the mother) of the deceased, and the Plaintiff Park Jong-○ is the wife of the deceased (the wife) and the Plaintiff Kim Il-young is the wife of the deceased, and the Plaintiff Kim Il-young is the mother of the deceased. The Defendant is the managing body of the internal cycle, which is the above accident place.

2 ) 망인은 2012. 1. 19. 새벽 2시경 혈중알코올농도 0. 225 % 인 상태에서 서울 서대문구 연희동 내부순환로 연희램프 부근 성산에서 정릉 방면으로 운전하여 가던 중 승용차가 25m 아래로 추락하는 사고를 당하였고, 승용차 밖으로 튕겨 나와 현장에서 사망하였다 ( 이하 ' 이 사건 사고 ' 라 한다 ) .

3) The point at which the instant accident occurred was set up at the end of the smoke lamps. However, the deceased’s vehicle faced with the brick stone of the size of 50cm high at the end of the lamps, and the front wheels of the vehicle was cut off with the brick stone of the chemical group with the 110cm higher than the front width, and the vehicle fell in excess of the concrete protection wall of 110cm above the beam.

4) The internal circulation of the road is a motorway of 22 km connecting the red scarb and scarb in the northwest of the Masan River in Seoul. The internal circulation showed that on November 28, 2011 from the section of approximately 4km between the annual scarb and the red scarbing tunnel (in the vicinity of the red scarbs) and on November 30, 201 (in the vicinity of the red scarbs), and on December 30, 2011 (in the middle of the two months until the accident in this case, the same type of traffic accident that fell above the protective wall occurred. 5) After the accident in this case occurred two times prior to the occurrence of the accident in this case, the Defendant installed the temporary scarbing wall to the road in this case and installed the temporary scarbing wall in Seoul, but the temporary scarbing wall was not installed until the accident in this case, and the temporary scarbing wall was not installed.

6) The instant accident point is the end part of the fourth line of the access road, which is an access road, and was installed in the form of a refratulation in accordance with the refratulation at the end of the access road, in a rectangular angle, and the special zone.

One lighting facility is not installed, making it difficult to do so, and there was no starting guide sign.

7) After the instant accident, the Defendant removed eight teams installed in the internal circulation in order to prevent the crash accident, and established and implemented a preventive plan for preventing the recurrence by installing street lamps at five points with the end of the entry lamps road at the end of the accident risk.

[Ground of recognition] Gap evidence 1 to 12, Eul evidence 1 to 9 (including the number of branches), the purport of the whole pleadings

B. Determination

1) The defects in the construction or management of a public structure under Article 5 (1) of the State Compensation Act refer to the state in which the public structure has failed to have safety ordinarily required for its use. In determining whether the construction or management has safety above, the standard should be whether the construction manager has fulfilled the duty to take protective measures to the extent generally required in proportion to the danger of the public structure in light of the generally accepted social norms, comprehensively taking into account all the circumstances such as the use of the public structure in question, the present state of the construction site and the current state of the use thereof, etc. (Supreme Court Decision 2003Da62026 Decided June 11, 2004). The defects in the construction, management, and preservation of the road shall be specifically determined in accordance with the ordinary social norms, comprehensively taking into account the following factors such as the location and location of the road, structure of the road, traffic volume at the time of the accident, etc., and the situation such as the original purpose of use, location and shape of the physical defect (Supreme Court Decision 2002Da15917 Decided September 27, 27).

In addition, an accident caused by a defect in the construction or management of a public structure does not mean only the defect in the construction or management of a public structure causes damage, but it is reasonable to interpret that the damage was caused by a defect in the construction or management of a public structure as long as the defect in the construction or management of a public structure causes damage, even if another natural event or a third party's act or an act of the injured party's act concurrently causes damage (see Supreme Court Decision 194 delivered on Nov. 1, 194).

22. Judgment 94Da32924 delivered on the ground of the judgment below

2) ① The point at which the instant accident occurred is a high level installed at a height of 25 meters from the ground, where a vehicle deviates from the road, and the occurrence of an additional large-scale accident is anticipated to occur. ② The instant accident area is a section, which absolutely requires the prevention of the breaking away of the vehicle, and thus, the protective walls installed to prevent the breaking away of the road cannot function properly due to the fireproofs installed at the instant accident area. ③ The instant accident area was not equipped with the national lighting and pilot guide signs. ④ The same type of accident occurred twice before the instant accident occurred, and accordingly, the Defendant could predict and avoid the possibility of the fall accident. ⑤ The Defendant did not take such measures. ② Since the instant accident area was a section which is absolutely necessary to prevent the breaking away of the vehicle, the Defendant removed the Plaintiffs’ obligation to take temporary measures for the prevention of the breaking from the accident area and constructed the instant accident area, the Defendant installed the safety signs and improved the safety signs to the instant accident area.

C. Limitation on liability for damages

However, according to the above evidence, while the deceased had caused a prior traffic accident due to 0. 225% of blood alcohol concentration and escaped, it is found that other vehicles are travelling on the 2-3rd line road at the location of the accident in this case, but it is unreasonable for the deceased to drive the 2-3rd line road on the 1st line road without properly examining the right and the right of the front line, and the accident in this case occurred. Thus, considering the fact that this point seems to have a significant cause for the accident in this case, the scope of the defendant's responsibility is limited to 30%.

2. Scope of damages.

(a) Actual income:

on the basis of the facts of recognition and assessment as described in subsection (1) below, the damage of lost income suffered by the deceased due to the instant accident is between 5/12 per month and 12/10 per month as described in subsection (2) below.

Personal information of 368,503,998 won calculated at the present price at the time of death (Provided, That the amount less than the last month and the amount less than the last won shall be discarded; hereinafter the same shall apply) in accordance with the simple discount method that deducts simplified persons: Gender, date of birth, age, and the name of lease shall be as specified in the column for basic matters in the attached Form of damages calculation sheet.

나 ) 소득 및 가동연한 : 망인은 1999. 8. 경 미국 소재 * * * * 대학교 경영학과를 졸업하고, 2004년경 귀국하여 2004년부터 2년간 ▩▩▩영어학원에서, 이후 1년간 * * * 학원에서, 2007. 3. 1. 부터 이 사건 사고일까지 주식회사 ◆◆◆◆라는 영어학원에서 각 영어강사로 일하였다. 망인은 2011. 1. 1. 부터 2011. 12. 31. 까지 1년간의 수입으로 40, 175, 000원을 신고하였고, 이를 월평균 하면 3, 347, 916원 ( = 연수입총액 : 12개월 ) 이되는바, 이를 기준으로 일실수입을 산정한다. 망인의 직업, 연령, 경력, 건강상태 등 이 사건 변론에 나타난 여러 사정을 종합하여 볼 때, 가동기간은 만 60세가 될 때까지로 봄이 상당하다 .

(c) Cost of living: Calculation of 1/3 (founded grounds for recognition) of revenues; 1/3 (Reasons for Recognition); computation of Gap evidence 5; 1 through 5; and 2) of the whole pleadings;

The attached table for calculating the amount of damages is as shown in the column of "actual income" among the attached table for calculating the amount of damages.

(b) Funeral expenses.

The plaintiff Kim Jong-○ claimed that the deceased spent a total of KRW 13 million as funeral expenses. However, there is no evidence to acknowledge this, the plaintiff Kim Jong-○'s claim for this part of this part is without merit.

C. Limitation 1) The defendant's liability ratio: 30% of the amount of damages calculated: The same shall apply to the column of "property damages of the deceased" in the attached Form of damages calculation sheet.

D. Reasons for consolation money 1): Plaintiff 15,00,000,000 won or more in case of Plaintiff 1,00 won or more in case of Plaintiff 8,00 won or more in case of Plaintiff 1,00 won or more in case of Plaintiff 2: 3,00,000 won or more in case of Plaintiff 8,00,000 won or more in case of Plaintiff 2,000 won or more in case of the deceased and Plaintiffs 1: 3,000,000 won or more in case of Plaintiff 3,00 won or more in case of Plaintiff 2:

(e) Amount of inheritance: 125,51, 199 won ( = 110,51, 199 won for the deceased's property damage + 15,00 won for consolation money of the deceased + 15,00 won for consolation money of the deceased + 2/7,000 won for the deceased's property): 53,807, 656 won for the plaintiff ( = 125,51, 199 x 3/700): 07, 707, 870 won for consolation money of the deceased, 871, 771, 771, 70 won for consolation money of the deceased + 68,56 won for inheritance; 30 won for the plaintiff, 70 won for consolation money of the deceased; 35,871, 7771, 19, 199 x 68, 675, 675).

3. Conclusion

Therefore, the defendant is obligated to pay damages for delay at each rate of 40,87,656 won to the plaintiff YOO and YOO, respectively, from January 19, 2012, which is the date of the accident in this case, to the plaintiff YO, 5% per annum under the Civil Act until June 20, 2013, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the date of full payment. Thus, the defendant's claim in this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit.

Judge Ground of the presiding judge

Judges So-young

Judges Nam-young