(영문) 광주지방법원 2015.05.06 2014가단510359

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(영문) 광주지방법원 2015.05.06 2014가단510359

구상금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. At around 1:00 on September 24, 201, A, while driving the motorway (hereinafter “instant road”) on the surface of the Chungcheong Middle School, Chungcheongnam-dong, the period of which came to go through by the operation of the motorway (hereinafter “instant road”) on the surface of the Jungdong-dong. On October 17, 2011, A died on October 17, 201 in the course of being treated after shocking concrete stairs in the tunnel entry into the front part of the said vehicle.

B. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with C on the above vehicle.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion that ① the driver is unable to secure the view of the driver in the tunnel proceeding, and ② the shock absorption facility should be installed in preparation for the collision with the structure on the road, such as concrete stairs, etc., as in the case of the driver's negligence, despite the defect that the above facilities have not been installed on the tunnel entrance of the road in this case, the defendant Hanyang Co., Ltd (hereinafter "the defendant Hanyang"), as the road manager, is the road manager, and the defendant Hanyang Co., Ltd. (hereinafter "the defendant Hanyang") is responsible for compensating for the damages caused by the above traffic accident.

3. Determination

A. "Defects in the construction and management of public structures" refers to a state in which the public structures built for public purposes have failed to meet safety requirements ordinarily required for their use. In the construction and management of public structures, it cannot be readily concluded that there is a defect in the construction or management of the public structures on the ground that the construction and management of the public structures did not always have high level of safety to the extent that they maintain perfect state at all times. Since the duty to take protective measures imposed on the installer or manager of the public structures refers to the extent generally required in proportion to the danger of the public structures, the road is also related to or installed in other facilities for life.

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