1. All of the plaintiffs' claims are dismissed.

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

Basic Facts

On September 1, 2016, Non-party D (hereinafter “the deceased”) suffered an accident where five members of the bicycle club and five bicycles are on the roads adjacent to Sungbukcheon-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, 33, which were managed by the Defendant, and where the accident occurred, the accident occurred, which occurred prior to the occurrence of the accident (hereinafter “the accident in this case”; the location of the accident in this case was referred to as “the location of the accident in this case”).

On September 6, 2016, the Deceased’s Death caused by the instant accident and died at around 00:18 on September 6, 2016, the F Hospital located in Seongbuk-gu Seoul, Seoul.

The plaintiff A, a wife of the deceased, succeeded to the deceased's property at the ratio of 3/7 shares, and the plaintiff B and C, a child of the deceased, respectively, at the ratio of 2/7 shares.

[Grounds for recognition] Nos. 1 and 2, and Eul Nos. 4 (including the number number; hereinafter the same shall apply), and the parties’ assertion of the purport of the entire pleadings constitutes “speed prevention threshold” as stipulated by the Ministry of Land, Infrastructure and Transport’s guidelines for the installation and management of road safety facilities, which are established rules of the Ministry of Land, Infrastructure and Transport. The defendant installed the accident in violation of the above guidelines regarding the height of speed prevention threshold, materials, color, display, etc., and neglected the accident location where the accident occurred frequently.

Therefore, pursuant to Article 750 of the Civil Act and Article 5 of the State Compensation Act, the Defendant is liable to compensate the Plaintiffs for damages incurred to the deceased (the lost damages of KRW 405,636,910 for consolation money of KRW 30,000 for consolation money of KRW 17,121,420 for treatment and funeral expenses paid by the Plaintiff, KRW 30,000 for consolation money of KRW 30,000 for the Plaintiff A, and KRW 20,000 for consolation money for the Plaintiff B and C, respectively).

The accident site of this case constitutes a bridge installed for the purpose of extending the drainage, not the speed limit, and the defendant installs the above bridge.