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(영문) 서울남부지방법원 2016.09.22 2016나53751
구상금
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. The reasons why the party members of the judgment of the court of first instance should explain this case are excluded from the statement of evidence No. 12, which is insufficient to acknowledge the plaintiff's assertion as additional evidence submitted in the court of first instance. The plaintiff's new argument in the court of first instance is as stated in the reasoning of the judgment, except for the addition of the judgment of the plaintiff's new argument in the court of first instance as follows. Thus, it is acceptable in accordance

2. According to the “Guidelines for the Installation and Management of Road Safety Facilities” in the Ministry of Land, Infrastructure and Transport of the Defendant, the road manager in the habitual ice section, such as the instant accident point, in addition to the installation of the guidance sign, the starting-way guide sign, the responsor sign, the anti-sponsor, and the road surface.

Although it is necessary to install safety facilities such as steel packaging and road electric sign signs, it is necessary to install guidance signs in violation of this, and therefore, it is necessary to consider that there is a defect in the management of the road in the instant accident site.

However, the Plaintiff’s above assertion is difficult to accept for the following reasons.

1. Even in accordance with the above guidelines, starting-way guiding marks, reticer marks, anti-slock prevention packaging, and trams:

The steel packaging and road front sign shall be defined as "it may be installed" in a comprehensive review of the road structure, traffic condition, etc., so it is not mandatory but only a recommendation in a certain case.

(2) In addition, if a road is iced, a road manager shall have a starting-way guide sign, a reeder sign, a slick prevention packing, and a road surface on the front section of the road.

철포장, 도로전광표지를 설치하거나, 도로에 형성된 모든 빙판에 미끄럼 방지작업을 하도록 요구하는 것은 사실상 불가능하고, 당시 이 사건 사고지점 부근에 박무 薄霧, 무수히 많은 미세한 물방울이나 습한 흡습성 알갱이가 대기 중에 떠...

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