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(영문) 의정부지방법원 2017.01.19 2016가단106735
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 27, 2015, Plaintiff A driven Oral Maba on an unlicensed state at around 02:08, and moved the lane of the Gyeonggi-do Integrated Athletic Ground (hereinafter “instant revolving intersection”) from the Do apartment bank to the 1st line road via the river basin, Plaintiff A caused an accident (hereinafter “instant accident”) involving the curbs of the instant revolving intersection traffic island located at the center of the instant revolving intersection (hereinafter “instant traffic island”).

The brief map of the accident site of this case is as shown in the attached Form.

B. Plaintiff B and C are the parents of Plaintiff A, and the Defendant is a local government that establishes and manages the instant traffic island.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The instant revolving intersection is a public structure that has any defect in the construction and management as follows.

1) The diameter of the instant traffic island is too wide and thus the driver may be faced with the instant traffic island at the time of traffic along the intersection. 2) The instant traffic island is likely to be faced with the traffic island without discovering the traffic island, because the height of the instant traffic island is too low.

3) A driver, such as a red spool, around the intersection of the traffic island, should be marked easily to know the existence of the traffic island, and no such marking is provided. 4) A traffic island, including a traffic island, was installed in the vicinity of the intersection, but the lighting facility was not installed or was in a state of shortage.

B. The Plaintiff A was unable to find the existence of the instant traffic island while operating the instant intersection due to the defect in the instant intersection. Accordingly, the Plaintiff A was injured by the traffic island.

C. Therefore, the Plaintiff A is to build public structures.

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