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(영문) 부산고등법원(창원) 2015.05.28 2014나21536
손해배상(자)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. The plaintiff A is the wife of the deceased D (hereinafter "the deceased"), and the plaintiff B and C are the offspring of the deceased.

B. The defendant is the manager of the compact Highway.

C. Around 5:30 on December 28, 2012, the Deceased driven a E-car and proceeded to one-lane from the point of 16.6km in the northwest-dong, Busan, the northwest-dong, Busan, at the point of 16.6km in the northwest-dong, in order to narrow the snowway, and proceeds to the right direction after the separation zone is shocked, the Deceased separated from the two-lanes in order to the right direction, and fell to a local area under approximately 4.7 meters below the direction of the side, and died in that direction.

(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, each entry or video of Gap evidence Nos. 1, 2, and 11 (including each number; hereinafter the same shall apply) or the purport of the whole pleadings.

2. Determination as to the cause of action

A. Under the summary of the plaintiffs' assertion, the accident of this case occurred due to the defects in the construction and management of the road. Thus, the defendant, the manager of the expressway, is liable to compensate the plaintiffs for the damages suffered by the deceased and the plaintiffs according to the defendant'

1) At the time of the instant accident, there was enormous impediment to vehicle operation due to snow, and the Defendant neglected to perform snow removal works despite the duty to promptly perform road maintenance in order to prevent any hindrance to vehicle operation due to snow or ice shield. (2) In this case, the Defendant did not perform the said duty even though it was obligated to install a protective fence in accordance with the Road Safety Facilities Installation and Management Guidelines, which is established by the Ministry of Land, Transport and Maritime Affairs, to prevent the decline of the vehicle.

B. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act, which is the standard for determining the defect in the construction and management of one road, is ordinary in accordance with the use of the structure.

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