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(영문) 광주지방법원 2018.06.27 2017가단534080
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. Of the above damages paid, the Defendant’s damages amounting to KRW 30,130,200 (=100,434,000) x 30/100).

Therefore, the defendant is obligated to pay the above money to the plaintiff.

(B) part of the claim, excluding the part on the damage compensation for the deceased H.

Judgment

* Article 2 (Definitions of the Road Act, Law No. 1338, Dec. 2, 2016) 1 The definitions of terms used in this Act are as follows:

1. The term "road" means a road, enumerated in Article 10, comprised of roads, sidewalks, bicycle lanes, side roads, tunnels, bridges, overpasses, and other facilities prescribed by Presidential Decree, and includes road appurtenances;

Article 50 (Standards, etc. for Structure and Facilities of Roads) Standards for structure and facilities of roads, safety inspection, repair, maintenance and management of roads shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall be determined so as to minimize natural ecosystem damage and environmental damage of neighboring residents, etc. in connection with road works and to ensure road structures

* Where deemed necessary to prevent traffic accidents, Article 38 (Road Safety Facilities, etc.) of the Rules on Standards for Road Structures and Facilities.

The road safety facilities, such as iron packaging, emergency brakes, safety facilities in an open area, crosswalks, overpasses (including underground crosswalks), shall be installed.

In addition to matters prescribed by these Rules, detailed matters concerning the standards for road structures and facilities shall be governed by the Minister of Land, Infrastructure and Transport.

* Part I of the Guidelines for the Installation and Management of Road Safety Facilities shall be established in the following sections to ensure safe and smooth traffic by comprehensively examining the structure of roads, traffic conditions, etc.

Sections with a design speed of at least 50km/si;

(b) Road lanes;

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