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(영문) 춘천지방법원원주지원 2015.04.21 2014가단33689
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2013, around 12:40, Plaintiff A operated the 19th national highway (exclusive road for Chungcheongnam-gu) located in Hari-ri, Hari-si, Hari-si, and was driving the 19th national highway in the Hari-ri, and was driving from the Hari-ri to the Hari-ri at the Hari-ri, a traffic accident occurred while the said vehicle was dissated and the said

(hereinafter “instant traffic accident”). (b)

Plaintiff

A due to the instant traffic accident, A suffered injury, such as the upper left-hand evisg, the left-hand evisg, the left-hand evisg, etc.

C. At the time when the driver’s license was discovered, a considerable amount of rainwater was found in the vicinity of the accident site.

The Hongcheon National Land Management Office under the defendant manages national highways of this 19.

On the other hand, Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D are the parents of Plaintiff A.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 4 (including those with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion that the defendant did not properly manage the drainage facilities, caused rainwater to the accident site, and accordingly, the traffic accident in this case occurred where the amount of the plaintiff's car to the plaintiff A transferred to another place.

Therefore, the defendant is liable to compensate the damages suffered by the plaintiffs due to the instant traffic accident.

3. Determination

A. "Defect in the construction and management of a public structure" in Article 5 (1) of the State Compensation Act refers to a state in which the public structure is not equipped with safety ordinarily required for the public purpose. In the construction and management of a public structure, it cannot be said that there is a defect in the construction or management of the public structure on the ground that it does not have 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 is generally accepted in proportion to the danger of the public structure.

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