(영문) 창원지방법원 2016.06.09 2015가단75479

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(영문) 창원지방법원 2016.06.09 2015가단75479

손해배상(기)

Text

1. The defendant shall be 26,84,882 won to the plaintiff A, 26,544,882 won to the plaintiff B, and 1,00,000 won to the plaintiff C and each of the above amounts.

Reasons

1. Basic facts

A. D’s death 1) On December 6, 2014, D: (a) around 4:40, 2014, D driving a car of E Coin and driving it on a three-lane road prior to the entry into the Sungsan-gu, Sungsan-si, Sungwon-si, Changwon-si (hereinafter “instant road”).

(B) while driving along the primary line of the third line road along the primary line of the road, separated from the road, entered the central separation zone of the green zone, and shocked into the front right side of the vehicle with the 25m mslive fence of the subscopic scopic scopic scopic scopic scopic scopical scopic scopical

2) The instant accident died due to an acute emerculation caused by damage to the emerculation.

B. The status of the parties is the father of the deceased, the mother of the deceased, and the plaintiff C as the mother of the deceased.

The defendant is the management agency of the road of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 6 evidence, Eul evidence 1 through 7 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether to recognize defects and liability for damages of the road in this case

A. The summary of the parties' assertion 1) The defendant did not take protective measures such as installing a protective fence to prevent the fall at the school angle of the plaintiffs but did not take such measures due to negligence, which caused the death of the deceased, and thus, he is liable to compensate the plaintiffs for the damages. 2) The defendant's road of this case is established with a green belt-type medians at a height of 60 cm, and there was sufficient space for vehicles beyond the green belt-type medians to install the brakes, and there was a strong protective fence with a height of 1m in height of 5 meters at the front and rear of the school angle, and there is a defect in the installation and management of the road such as street etc. installed.

Therefore, the defendant is not liable for damages caused by the accident of this case to the plaintiffs.

(b).

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