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(영문) 부산지방법원 2018.11.14 2018나42498
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment

2. The fourth 8 pages of the judgment of the court of first instance shall be deemed to read “each description and the results of this court’s appraisal” as “each description and this court’s appraisal.”

The fifth 15th tier of the first instance judgment shall include the following:

The accident in this case is found to have been negligent by the Defendant on the ground that the sand erode was installed in other intersections of the instant accident site, and the shock absorption facilities, such as sand erode, were not installed. Rather, the accident in this case is installed on the signboard from 90 meters prior to the point where the accident occurred to the point where the accident occurred, and on the safety zone, a pedestrian crosswalk is installed in the vicinity of the accident (P9). At the time of the accident, a broom sign, a yellow erode, a street erode, etc. is installed, as well as the rain (including 0.5 meters at the time of the accident), and at night (2:15 meters at the highest speed), the driver of the Plaintiff vehicle is likely to have caused the accident in this case by negligence, even though 20/100 of the speed of the accident and the driver of the vehicle are to defend.

Whether a public structure has an ordinary safety should be determined on the basis of whether the installer or manager of the public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure. In addition, financial, human and physical constraints, etc. of the installer or manager should also be considered.

Therefore, the construction and management of a road, which is a public structure, shall not be determined that there is a defect because it is not a high level of safety to the extent that it maintains the complete state of construction and management.

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