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(영문) 서울중앙지방법원 2018.11.20 2018나50927
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the plaintiff added the following judgments to the pertinent part, thereby citing this case by the main text of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The plaintiff asserts that the location of the accident of this case where the road of this case leads to the legal aspect of the slope, and the slope section is more than 500 meters, and that the section is leading to the slope. However, in the front and after the road of this case, the road of this case was installed with the protection fence on the road of this case, but the two to three hundred meters including the location of the accident of this case, the road of this case was cut off without the drums. The road of this case is technically difficult to install the protection fence on the two to three hundred meters sections including the point of accident of this case, or there are no materials to prove that excessive costs are required. In full view of the above, the road of this case at the location of the accident of this case, the manager, by failing to install the protection fence, such as the drails, etc., and thus, there is a defect in failing to take all necessary measures

In full view of the following circumstances, i.e., the point of accident of this case does not correspond to the location of the protective fence prescribed in the guidelines of this case, ii) the driver's direction is at regular intervals to inform the driver's direction of the road boundary and the vehicle's direction in the section including the point of accident of this case that the driver's direction is the main function of the road. ③ The driver's direction of the road is installed at regular intervals. ③ The location where the protective fence is installed on the side of the road before the point of accident of this case, where the road was installed as the protective fence is lower than the road. On the other hand, the location of the accident of this case is a road with a gradient higher than the road.

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