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(영문) 수원지방법원 2017.09.14 2016나75661
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. At around 02:00 on March 15, 2013, the Plaintiff, while driving a small-scale si owned by the company in charge of a dispute resolution (hereinafter referred to as “Plaintiff”) and driving in the direction of the water level four lanes among the four-lane-lane-4-lane-ro roads in Ansan-gu, Jungsan-si (hereinafter referred to as “instant road”) at the time of Ansan-si, the Plaintiff shocked the rear side of the log car stopped due to the preceding accident in front of the Plaintiff’s vehicle.

(hereinafter “instant accident”). (b)

At the time of the instant accident, the three and four lanes of the roads in this case were in the state of being iced due to water supply pipes installed under the road in this case.

C. Meanwhile, the defendant is responsible for the management of the road of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant, as the managing body of the road of this case, should have restored the road of this case immediately if the water supply management personnel installed under the road of this case was excavated, but he neglected to restore the road of this case. Accordingly, the plaintiff suffered bodily injury as the accident of this case occurred while the plaintiff's vehicle was dissatned on the road where the vehicle of this case

Therefore, the Defendant shall pay the Plaintiff KRW 10,000,000 in total, including the medical expenses of KRW 1,250,000 incurred by the Plaintiff, KRW 3,750,00 in damages equivalent to the lost profit, and KRW 5,00,00 in damages due to the aftermath disability.

B. The defects in the construction and management of the public structure under Article 5(1) of the State Compensation Act refer to the state in which the public structure built for the public purpose is not equipped with safety ordinarily required for its use. In the construction and management of the public structure, it cannot be said that there is a defect in the construction or management of the public structure on the ground that there is a defect in the construction or management of the public structure on the ground that it does not always have high level of safety to the extent that it is maintained in a state of integrity

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