(영문) 서울중앙지방법원 2017.05.31 2016나59531

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.05.31 2016나59531

손해배상(기)

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. Basic facts

A. On February 8, 2016, around 22:25, the Plaintiff: (a) driven along a two-lane road in front of a bus terminal in Ischeon-si; and (b) caused an accident involving a lot of curbstones installed between two lanes and three-lanes (hereinafter “instant seat”).

B. The defendant is a local government that manages the road of this case.

[Ground for recognition] Unsatisfy

2. Determination as to the cause of action

A. The Plaintiff asserted that the instant accident occurred while driving along the instant road, resulting in the Plaintiff’s damage caused to the Plaintiff’s vehicle due to the Plaintiff’s failure to discover the existence of the instant stone, while driving along the instant road.

This is because there was a defect in which it is impossible to identify at night due to the fact that the yellow solid lines of the instant studios were cut back.

Therefore, the defendant is a local government managing the road of this case, and is obligated to compensate for the damages suffered by the plaintiff due to the defects in the construction and management of the instant stone.

B. “Defects in the construction and management of a public structure” under Article 5(1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily required according to its use. In the construction and management of a public structure, it cannot be readily concluded that there is a defect in the construction or management of a public structure without any high level of safety to the extent that the construction or management of the public structure is maintained at all times. The duty to take protective measures imposed on the installer or manager of the public structure refers to the extent generally required by social norms in proportion to the danger of the public structure. Thus, in the case of a road which is a public structure, it is relative that the person who installs and manages it is expected to use the public structure in a permanent and orderly manner, taking into account the relationship with the public structure and the financial, human and physical constraints of the main

참조조문

-국가배상법 제5조 제1항

유사 판례

-서울중앙지방법원 2015.05.01 2014나46425

-전주지방법원 2018.02.09 2017가단16060

-대법원 2002. 8. 23. 선고 2002다9158 판결

-서울중앙지방법원 2015.10.22 2015나1962

-의정부지방법원 2019.08.20 2019나203089