logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2014.12.22 2014가합2624
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1, 2, and Eul evidence 1 (including paper numbers) and the whole purport of the pleadings:

On January 4, 2012, 1:20, the Plaintiff driven a New Embs vehicle between B and B, and proceeded with a one-lane road from the D restricted-type distance located in Pk-si, Pk-si, in the direction of a storm door, and the body of the Plaintiff was cut down under the direction of the ice-line and received street trees beyond the central line, and then the vehicle was cut down under the ice-line.

(hereinafter “instant accident”). (b)

Due to the instant accident, the Plaintiff was diagnosed as falling under “a person who remains with a significant climate or significant playground in spine” under class 6(4) of the State Compensation Act, and was diagnosed as having been 70% of the labor ability loss rate.

2. The gist of the Plaintiff’s assertion is the section where the road at the location of the instant accident occurred frequently in winter. At the time of the accident, however, the Defendant did not take measures to prevent damage due to the accident, such as Dricks, and thus, caused the Plaintiff to suffer damage due to such defect, and thus, the Defendant is liable for compensating the Plaintiff for the damages suffered by the Plaintiff.

Meanwhile, the damages suffered by the Plaintiff are KRW 368,190,00 in total, KRW 5,200 in value, KRW 18,209, KRW 317 in treatment expenses, KRW 321,439, KRW 192 in lost income, KRW 17,500 in total, KRW 368,190 in treatment expenses, KRW 147,276,00 in part of the vehicle at the time of scrapping.

3. Determination

A. "Defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act means a state in which the public structure was not equipped with safety ordinarily in accordance with its use. The construction or management of the public structure cannot be said to be defective merely because the public structure is not completely in a state of completeness and has some defects in its function. The purpose of the public structure and its place of installation.

arrow