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(영문) 서울중앙지방법원 2019.12.11 2018가단14302
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. On February 13, 2016, E driven Franb while under the influence of alcohol at a 00:57% of alcohol level, and driven at a speed of about 54 km from H to H, the front road of G Housing Promotion Center at a speed of about a speed of about 54 km from the southwest to H, while driving at a speed of about 0.088%, E, while under the influence of alcohol, was installed on the front part of the above Oba, thereby suffering from the injury of the Plaintiff A, who was on the backside, due to the negligence that did not accurately operate the steering gear under the influence of alcohol, thereby causing the injury of the Plaintiff A, who was on board the lower part of the above Obaba, by receiving the front part of the above Obaba, thereby suffering

(hereinafter “instant accident”). (b)

Plaintiff

B is the father of the plaintiff A, and the defendant is the manager of the road where the accident of this case occurred.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 10, 13 (including each number), the purport of the whole pleadings

2. Determination

A. The Defendant asserted that the instant accident occurred pursuant to the relevant laws and regulations, but did not properly install or manage the terminal treatment facilities and shock prevention facilities at the central separation zone in which the instant accident occurred, despite having to install the terminal treatment facilities and the terminal of the starting line, and the error in the construction and management of the road as above contributed to the occurrence of the instant accident and the expansion of damage caused thereby.

Therefore, the defendant should compensate for the damages suffered by the plaintiffs due to the accident of this case.

B. “Defects in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to the state in which the public structures offered for public purposes do not have ordinary safety in accordance with their use.

In addition, the above safety should be determined on the basis of whether the installer or manager of a public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure. In addition, the financial, human and physical constraints of the installer or manager thereof.

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