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(영문) 서울중앙지방법원 2017.08.11 2017가단5030401
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the B motor vehicle owned by A (hereinafter “instant motor vehicle”).

(2) A around 03:00 on July 24, 2016, driven the instant vehicle and died of a modified intersection of luminous glass located in Echeon-si, such as a traffic accident report (actual survey report) as indicated in the attached Form, C, which had been driven by the national highways No. 3 in the direction of Echeon-si in the direction of Echeon-si in the direction of Empik, by taking the support stand for the traffic guidance signs installed on the right side of the road in the direction of Empik-si, etc.

(3) In relation to the instant accident, the Plaintiff paid 208,791,470 won to C’s bereaved family members, including the agreed amount of KRW 200 million, KRW 116,50, KRW 116,50, and KRW 8,674,920.

(4) The Defendant is a person who installs and manages a road in which the instant accident occurred, and the traffic guidance sign support team installed on the traffic information island in which the instant accident occurred did not install protective fences, shock absorption facilities, and safety facilities to promote sight, etc., and there are defects in installing and managing the traffic guidance sign on the road in which the instant accident occurred, such as installing the traffic guidance sign support team at a place close to the lane of the traffic island at the mother of the traffic island.

(5) Therefore, the Defendant is liable to pay to the Plaintiff the amount equivalent to 30% of the damages incurred by the instant accident, KRW 62,637,441, and the damages incurred therefrom.

B. "Defects in the construction and management of public structures" in Article 5 (1) of the State Compensation Act means defects in the construction and management of public structures that are made available for public purposes in a state that they are not equipped with safety requirements for their use. The construction and management of public structures do not have high level of safety to the extent that they always maintain a state of integrity.

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