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(영문) 인천지방법원 2016.06.23 2015가단214003
구상금
Text

1. The Defendant: KRW 25,306,824 to the Plaintiff and KRW 5% per annum from March 17, 2015 to June 23, 2016.

Reasons

A person who installs, maintains and manages a road shall be liable to compensate for any damage caused by defects in installation or preservation and management of such road pursuant to Article 758(1) of the Civil Act or Article 5(1) of the State Compensation Act.

The defect in the construction, maintenance, and management of structures and public structures under Article 758(1) of the Civil Code or Article 5(1) of the State Compensation Act refers to the state in which the structure does not have safety ordinarily to be secured according to its purpose.

In determining whether such safety has been established, it shall be based on whether the installer or the keeper of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

The construction and management defects of a road, which are structures, shall be specifically determined according to social norms, by comprehensively taking into account various circumstances, including the location of the road and other location conditions of the road, structure of the road, traffic volume, traffic conditions at the time of an accident, etc., including the situation of the use of the road

(see, e.g., Supreme Court Decision 2010Da98863, 2010Da98870, Nov. 10, 201). Comprehensively taking account of the overall purport of the pleadings in the entries or videos (including the serial number) of the evidence Nos. 1-1 through 8, the facts identical to the entry of the cause of the claim in the separate sheet can be acknowledged.

Thus, the defendant is obligated to pay the plaintiff the compensation for damages pursuant to Article 5 (1) of the State Compensation Act.

However, according to the above evidence, it can be acknowledged that the occurrence of damages or the expansion of damages could have been avoided if A had paid prompt attention to the cryp pattern on the three-lanes in which the driver of the plaintiff's vehicle A driven.

A shall take into account the progress of the fruits without due care.

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