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(영문) 서울중앙지방법원 2020.12.22 2019나48198
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds for the judgment of the court of first instance that has been used or added;

The "H" of the 2nd P is used as "M", and the grounds of the first instance judgment [based on recognition] of the 1.3rd judgment [Attachment 8 and 9 of the first instance judgment] shall be added to "A".

The "Defendant" in 4.9 pages of the judgment of the first instance shall be followed by the following:

The term "defect in the construction and management of public structures" under Article 5 (1) of the State Compensation Act refers to a state in which the public structures are in a state of lacking safety ordinarily required for their use. It cannot be readily concluded that there is a defect in the construction or management of public structures on the ground that the construction and management of public structures are not equipped with high level of safety to the extent that they always maintain a perfect condition. The duty to take protective measures imposed on the installer or manager of public structures refers to the extent generally required by social norms in proportion to the danger of public structures. Thus, it is sufficient to say that, in the case of roads and their appurtenances, etc. which are public structures, such as roads and their appurtenances, have relative safety that expect users to use them in a common and orderly manner by taking into account the relationship with other public facilities or the financial, human and physical constraints of the subject who install and manage them (see, e.g., Supreme Court Decisions 9Da5498, Apr. 25, 200; 200Da13814, Aug. 23, 2015).

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