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(영문) 광주지방법원 2016.01.20 2015가단522403
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. Since the vehicle running from this area is at the risk of collision between the two-way intersection B and the one-way intersection A in Gangnam-gun, Gangnam-gu, Seoul Special Metropolitan City (hereinafter “instant road”), there is a defect that is not installed even if the shock absorption facilities and the improvement of eyesight are installed in the front of the school name, and as a result, C driving the instant road on the D-way vehicle at around 10:18 on October 11, 2014, while driving the instant road at the direction of the direction of the direction of the course of the above course of the course of the course of the course of the above course, C died of the above vehicle due to its shock, E, F, and F, caused the damage of the said vehicle.

(hereinafter “instant accident”). Therefore, as an insurer who entered into a comprehensive insurance contract with respect to the said vehicle, the Defendant is liable to pay the Plaintiff the amount of indemnity as a joint tortfeasor to the Plaintiff who paid the insurance money to C, E, and F.

B. 1 Defect in the construction or management of a public structure as defined in Article 5(1) of the State Compensation Act means a state in which the public structure is not equipped with safety ordinarily for its use.

However, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function. In light of the overall circumstances such as the purpose of use of the public structure and its current status and current status of use, it is necessary to determine whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure.

On the other hand, if the internal rules of the law or the administrative agency provide the criteria for safety, it can be a single standard to determine whether it is defective in the construction and management of public structures.

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