beta
Text
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the B-owned vehicles (hereinafter “Plaintiff-motor vehicle”), and the Defendant is the manager of the motorway in which the following accidents have occurred:
B. On January 8, 2014, at around 13:00, A driven the Plaintiff’s vehicle and proceeded into the intersection of the intersection of the Capju-si, the Capju-si, the Capju-si, the Capju-si, the Capju-si, the Capju-si, the Capju-si, the Capju-si, the Capju-si, the Capju-si, the Capju-
(hereinafter “instant accident”). C.
The Plaintiff paid the total amount of KRW 69,025,730,000, such as medical expenses, until July 17, 2014 due to the instant accident.
[Reasons for Recognition] Facts without dispute, entry or video of Gap's evidence 1 through 8 (including each branch number in the case of additional number) and the purport of the whole pleadings
2. The plaintiff asserted that the accident in this case occurred or expanded damages due to defects in the installation and management of roads without safety facilities, which are established by the Ministry of Land, Infrastructure and Transport, since the location of the accident in this case is the quarter of the road, the shock absorption facilities should be installed in accordance with the provisions related to the shocking facility installation and management guidelines of the Ministry of Land, Infrastructure and Transport. Thus, the defendant asserts that the defendant is liable to pay 13,805,146 won (=69,025,730 won x 20%) and damages incurred therefrom to the plaintiff who acquired the victim's right to claim damages by subrogation.
3. Determination
A. "Defects in the construction and management of public structures" in Article 5 (1) of the State Compensation Act refers to the state in which the public structures built for public purposes do not have ordinary safety requirements according to their intended purposes. The degree of duty to take protective measures imposed on the installer or manager of the public structures is to the extent generally required by social norms in proportion to the danger of the public structures.