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(영문) 서울중앙지방법원 2017.03.17 2016가단5100303
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. At around 3:50 on January 30, 2016, C driven a D vehicle (hereinafter “Plaintiff”) and turned down the first lane of the four-lanes of the Seocho-gu Seoul Metropolitan Government Western Line from the sexual intersection to the inner side, and the latter part of the ambulances which was stopped on the four-lanes (hereinafter “the instant accident”).

B. On January 30, 2016, C died of low blood transfusion show around 4:50 on January 30, 2016

C. The Plaintiffs are parents of C, and the Defendant is the road management authority for the Seodaemun-do Road.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The instant accident occurred as the Defendant, a road management authority, left the road ice without any strong rain or strong snowfall, leaving the Plaintiff’s vehicle left the ice.

Since the defendant is liable for damages due to defects in the construction or management of public structures pursuant to Article 5 (1) of the State Compensation Act, each of the plaintiffs is liable for damages, to pay 15 million won each (5 million won each of the lost profits of the network C) to the plaintiffs.

3. Determination

A. First, we examine whether the instant accident occurred due to the road ice.

In full view of the evidence Nos. 6 and 7-3 of the evidence Nos. 7 and the purport of the argument as a whole, other vehicles passing through the accident point prior to the accident was normally driven. The fact that the traffic accident investigation report prepared at the time of the accident of this case was also investigated as having no cause of environmental accident, such as the ice on the road of this case, and the occurrence of the accident that the cab for business use passing through the accident point of this case turns out while driving on two lanes, while the cab for business use going through the accident point of this case, and shocks the rear driver of the vehicle of the designated stop on the four-lane, but at the time, the cab at the time restricted the 40km road of this case.

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