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(영문) 광주지방법원 2016.03.09 2014가단46513
구상금
Text

1. The Defendant paid KRW 59,821,809 to the Plaintiff and KRW 5% per annum from May 21, 2014 to March 9, 2016.

Reasons

1. Facts of premise;

A. The Young Bridge is a bridge completed in around 1997, and delivered to both sides of the road in four-lanes, and there is a protective fence at the road and delivery boundary, and a rail is installed at both edges.

The defendant is a local government which is a manager in charge of maintenance and repair of Anglosan School.

B. On April 3, 2014, at around 00:43, A driven the instant vehicle B (hereinafter “instant vehicle”) and died of C, a wife of A and his passenger, who was the wife of A and his passenger, departed from the road to the right side, while driving from the 2-lane of the Seosan River in the Seogdong-dong, the two-lanes of the B-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,

(hereinafter “instant accident”). C.

On May 21, 2014, the Plaintiff concluded a comprehensive insurance contract with respect to the instant vehicle (hereinafter “instant insurance contract”). On May 21, 2014, the Plaintiff paid to A’s inheritors KRW 100,000,000 with the insurance money of the special agreement on automobile injury security, KRW 2,981,000 with respect to the damage to the facilities of Young River, KRW 100,000 with the personal indemnity insurance money of KRW 100,000 with the insurance money of the special agreement on automobile injury security, and KRW 100,000 with the insurance money of the automobile injury security agreement, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence No. 13-13-16 and the purport of the whole pleadings

2. The defendant's liability for damages

A. “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 was not equipped with safety in light of its purpose. The construction or management of a public structure cannot be deemed defective merely because the public structure is not in a state of completeness and has any defect in its function. In light of all the circumstances, such as the purpose of use of the public structure, the present state of its installation, and the situation of its use.

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