201C. 1703 Compensation for damages (as defined)

1. Newly Inserted by Act No. 1000 (born in 1966)

2. Oral ○ (the birth in 1991).

3. The △△△△△ (the 1992 birth).

Gyeonggi-do

November 9, 2011

1. The Defendant: 20, 129, 185 won to Plaintiff New ○○○, 33, 953, 778 won, Plaintiff ○○, and △△△△, respectively; and

From January 28, 2010 to November 9, 2011, 5% per annum on each of the above amounts, and 0% from the following day:

Until the date of full payment, 20% interest per annum shall be paid.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiffs, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

Defendant 106, 053, 534 won, Plaintiff ○○, and △△△△△△, respectively, 64, 229, 02 won and 022 won to Plaintiff ○○.

From January 28, 2010 to the service date of the copy of the complaint of this case, 5% per annum on each of the above amounts, and the following:

D. It shall pay 20% interest per annum from the day of full payment to the day of full payment.

A. The instant accident

소외 망 오◆◆ ( 이하 ' 망인 ' 이라 한다 ) 은 2010 . 1 . 28 . 새벽 5 : 14경 피고가 설치 · 관

G. At the 337 Do roads in front of the water village of Yacheon-si, Yacheon-si (hereinafter referred to as the "road of this case").

Seoul Mabi22 MaMabre Truck (hereinafter referred to as the "vehicle of this case") while driving the Mabre Mabre Truck, Lee Man-si.

At the epo-dong epospherbur road, which is cut off from the epospherb road to fall outside of the road.

The present vehicle was dead, and the present vehicle was scrapped (hereinafter referred to as "accident of this case").

B. Status of the plaintiffs

Plaintiff ○○ is the deceased’s spouse, and Plaintiff ○○○, and △△△△ is the deceased’s children, and this director is the deceased’s children.

The car is owned by the Plaintiff Shin-○○.

【Uncontentious facts, Gap’s evidence Nos. 1 through 3, 8, 9, 10, Eul’s evidence Nos. 4 and 5

(including each number) each entry or video, the whole purport of the pleading, if any.

A. The plaintiffs' assertion

1) The road of this case is ① defective without being left in ice, ② the point where the accident of this case occurred.

there is a defect in the installation and management of the road that has not been installed only on the road, and such defect shall be reduced to such a defect.

In the deceased, the deceased died.

2) Therefore, the defendant's claim against the plaintiffs who are bereaved family members of the deceased, among the following amounts:

(The plaintiffs shall pay 15 per cent the deceased's negligence and shall calculate the following amounts:

85% A claim was made).

○ Plaintiff New ○: Total 124, 768, 864 won

(1) 105, 968, 864 won = (Article 3 (1) 1 of the State Compensation Act)

Article 3 (1) 2 of the State Compensation Act and Article 3 (1) 2 of the Enforcement Decree of the State Compensation Act, Article 3 (1) 3 of the State Compensation Act.

Funeral expenses under Article 6, 896, 500 + 30,000 consolation money of the Deceased) ¡¿ 3/7

② The exchange value of the instant vehicle under Article 3 (3) of the State Compensation Act 8,800,000 won

(3) Consolation money: 10,000,000 won

○○○○, △△△△, each total of KRW 75, 645, 909

(1) Each of property damages = 70, 645, 909 won = (210, 364, 183 won for bereaved family compensation + Funeral expenses 6, 896, 500

Won + 30,000,000) x 2/7

(2) The consolation money shall be KRW 5,000,000, respectively.

B. The defendant's assertion

1) There is no defect in the construction and management of the instant road to the Defendant, i.e., at the time of an accident.

The road of this case was not a ice, and its characteristics, weather factors, and geographical needs at the time of the accident.

In light of the relative safety of the road, the defendant's snow removal work on the winter road.

(2) The road of this case is a national highway which is a construction standard.

The Guidelines for Design Practice of Construction Works: It has been constructed in compliance with the Ministry of Land, Transport and Maritime Affairs Guidelines, and in accordance with the above standards for execution.

Dr. At all times, the accident location of this case does not need to be installed a Dr.

2) Rather, the instant accident is in breach of the deceased’s duty of care for safe driving (e.g., overwork and operating hours).

The defendant is not liable for the State's damages.

(a) Occurrence of liability for damages;

1) Defect in the construction or management of public structures under Article 5(1) of the State Compensation Act is zero.

Water refers to the state in which it does not have safety to be ordinarily prepared according to its intended purpose.

and, except that the public structure is not in a state of completeness and has any defect in its function;

(2) If there is a defect in the construction or management of the public structure, the construction or management of the public structure can not be found as above.

in determining whether safety has been secured, the purpose of the public structure in question and the present state of the location of the installation.

The danger of the public structures by the manager and the manager of the public structures in comprehensive consideration of all circumstances, such as the status of use and utilization.

Whether the entity has fulfilled its duty to take protective measures to the extent generally required by social norms in proportion to

on its basis, and if objectively and objectively, the function of the public structure is required at a time and place.

If there is no predictability and possibility of avoidance of the occurrence of a defect, that is, the public structure.

It is the case where the defective construction or management of the public structure is not likely to have been carried out by the manager.

If proved, defects in the construction and management of public structures can not be recognized (by law).

Supreme Court Decision 2003Da62026 Decided June 11, 2004, Supreme Court Decision 2000Da56822 Decided July 27, 2001

see, e.g., see).

2) First, we examine the defects arising from the ice on roads.

A) Evidence A 1 and 2, Evidence A 9-1 to 7, Evidence A 13-1, 2, 3, Eul 4, 5, and 6

Each description or image of evidence, the result of the inquiry and reply to the Administrator of the Korea Meteorological Administration, the witness Lee ○-○

The following facts may be acknowledged in full view of the purport of the entire pleadings.

① The temperature on the day before the instant accident occurred, - 8.2 to 1.4 C. - The snow was fluence, and the instant accident occurred.

The road of this case was also unsatisfy, which led to the lack of some sections of the road of this case.

The Mabbro road, the location of the accident of this case, is complete due to the mountain on both sides of the road.

I was in iced condition (Evidence No. 1, Evidence No. 9-1 to 7, Evidence No. 13-1, 2, 3, and Eul

6. Each description of the evidence, the result of the inquiry and reply to the Korea Meteorological Administration to the Korea Meteorological Administration, and the witness testimony ○○.

② Mado 2, the point where the instant accident occurred, Mado 2, the direction of the instant vehicle’s proceeding

the left-hand side of the route leads to the higher level of one lane, and the right-hand side of the sub-Eup/Myeon and the direction of the sub-Eup/Myeon.

The vehicle of this case leads to its length, and the vehicle of this case moves to the right side direction lower than that of the upper right.

(No. 6) appears to have existed (each entry of No. 6).

③ On January 28, 2010, January 28, 2010, the date of the instant accident, in the area near the instant accident site.

A vehicle loaded on the side of the sub-Eup of the project is slicked with a kniveb so that the central separation unit is shocked; and

Other accidents have occurred (as stated in Gap evidence 13-3).

B) According to the above facts, the road of this case is normally equipped due to the ice on the road.

The safety was objectively lacking, and such defect resulted in the death of the deceased.

Since the defendant is responsible for compensating for damages caused by this reason.

C) As to this, the Defendant was under construction of the road at the time of the occurrence of the instant accident.

In order to prevent the ice on roads, the defendant was doing snow removal work from the day before the accident occurred to the same day.

f. The time of the occurrence of the instant accident, the fact that the time of the occurrence of the instant accident, the fact that the snow was shown on the day before the occurrence of the accident, and the Young FIC

In the light of the fact that there was 5:00 new walls during the time of the occurrence of the accident, the risk of the road due to the snow on the road is 14.

It is modern fruit that the road itself is equipped with a melting facility as a complete method to cope with it.

In fact impossible in the light of the foregoing level or the financial situation, and in an artificial manner, removal from the position;

In that it is inevitable for the Defendant to choose a method of performing work or spraying snow removals, etc.

It argues that the parties have fully fulfilled their obligations.

The purpose of the whole pleadings for the testimony of the witness Lee-○, Lee Jong-dae, Lee 3, 8, and 10

In full view of the foregoing, ① the Defendant is on the day of the accident from around 00 to January 18, 2010, the day before the instant accident occurred.

On January 28, 2010 09: 00: 7 public officials; 14 road managers; 1 topump trucks; 7 dump trucks (cump trucks) by October 20

The use of 21 tons of sun-dried and 100 square meters of sand by using two vehicles for use, five rents), one ton snow removal machine, and 14 square meters of sun-dried salt.

(other than the point of accident of this case) No. 3 and 10 shall be deemed to have been removed from the road of this case.

(2) The accident location at the time of the accident in this case is called 'the speed reduction', 'the 'the ero-ray', 'the ero-ray'.

that the traffic guidance sign has been installed (as stated in Category B(8)) may be recognized.

B. As seen earlier, i.e., (i) the instant accident location frequently caused by ice-related accidents

At least, the snow removal work is conducted on the road of this case at the time of the accident.

(3) At the time of the occurrence of the accident of this case, the road of this case

The accident occurred due to other vehicles, 4. In particular, Mabbro Road, the point of the accident in this case

because of its increase, it was a serious ice, and there is no snow removal work on such ice.

It is virtually impossible for the defendant to completely remove all the parts of the case.

Even if it is not possible to avoid an accident, such as maintaining the surface at least by using snow removal equipment, etc.

in light of the fact that the defendant is obligated to take the best action to prevent such action, the circumstances alleged by the defendant

The Defendant did not have predictability about the instant accident and the occurrence of damage therefrom.

C. Determination that there was no possibility of avoiding the accident of this case and the occurrence of damages therefrom

As such, the defendant, who is the construction manager of the road of this case, generally required by social norms.

It is difficult to see that the level of protective measures have been taken.

3) Next, we examine the defects due to a failure to install a diversity.

A) We examine the following facts, and there is no dispute between the parties, or evidence A No. 1, and No. 9

Notes 1 to 7, Gap evidence 13-1, 2, 3, Eul evidence 1, 2, 4, 5, 6, 9

this Court's inquiry and reply to the Ministry of Land, Transport and Maritime Affairs, as a result of this Court's inquiry, the witness's testimony

the purpose of this chapter.

① At the point where the Deceased and the instant vehicle fall, no diversday was installed.

After the accident occurred in the accident site (the fact that there is no dispute).

2. 35 m in length, 0 to 1.5 m in length, at a point at least two m in the instant accident site.

is 20m (each description or image of evidence Nos. 1 and 4).

(3) The point of accident in this case where the area of the road in this case is going to the area of the non-fluence Eup/Myeon from the area of the air.

There is a drainage channel on the right side, and the vehicle of this case is sleeped out of the road, and is drained out of the road.

At the same time, the water was cut and the water was cut to the right, and the water was stopped (No. 13).

2. The evidence of No. 5 shall be written.

(4) The National Highway Design Practice Guidelines established by the Ministry of Land, Transport and Maritime Affairs shall be as follows:

(No. B. 2) The above provisions are reference materials for working persons.

Whether to install a local highway shall be designed in consideration of the local conditions, topography conditions, risk level, etc.

institution that maintains and manages is applied in accordance with its characteristics (to the Ministry of Land, Transport and Maritime Affairs of this Court)

The results of the Korean inquiry inquiry inquiry).

2. Where 2 places are installed; 2.2. Where such places are installed on the side of a road;

In principle, a defensive fence shall be installed on the roads and traffic conditions in order to prevent vehicles from escaping from the roads that fall under any of the following subparagraphs. A. A. A. A. The section 1) The roads are deemed necessary in the sections adjacent to the ocean, lake, river, lake, marsh, waterway, etc., where accidents occurred frequently or highly likely to occur on the roads that are deemed necessary in accordance with weather conditions (the section 2) the surface of which is located within the range of the sloping slope and the sloping slope, the height of the sloping slope (which is at least 10~1:4 of the sloping slope, the height of the sloping) the sloping and the sloping from the sloping on the sloping from the sloping to the sloping from the sloping.

(5) Article 39 of the Road Act and Article 47 of the Rules on the Structure and Facility Standards of Roads shall be based on the same, etc.

Part III of "Guidelines for Installation and Management of Road Safety Facilities" established by the Ministry of Land, Transport and Maritime Affairs (No. 136)

The following provisions are applicable to Lesday (not later than No. 9).

4. Vehicle protection and safety facilities; . Protection fences1) Railss;

(1) At least two meters in height of piling up and at least 1: A 4th slope shall be installed in the piling section. (3) The minimum extension shall not exceed 50 meters.

B) According to the above facts, the roads of this case are lower than the roads of this case.

If a vehicle is located on the road and leaves the road, it is highly likely to cause a large accident.

At the location and in particular, the section frequently attached to the winter iron, such as the installation and management of road safety facilities.

Part III 2.2 1(e) or 3.2 1(e) of Part III, even in accordance with the overall purport of the Guidelines for Design Practice of National Highway Construction

It seems that the installation of Rails is necessary.

Nevertheless, the accident location of this case has not been set up, and therefore, this does not apply.

The road of this case can be deemed to have been objectively lacking in the safety of the road of this case.

J. This defect is deemed to have caused the death of the deceased, so they shall not be deemed to have caused the death of the deceased.

shall be liable for any damages arising therefrom.

4) Accordingly, pursuant to Article 5(1) of the State Compensation Act, the Defendant entered the deceased and the plaintiffs.

shall be liable for damages.

B. Limitation on liability

However, according to the witness Lee ○-○'s testimony on each of the statements in Eul evidence Nos. 4 to 7, 1 of this case

The volume was crashed in the opposite direction to the original judgment according to the progress direction, and was at the point of accident in this case.

the deceased, at the time of the instant accident, can be found that the Skidmark was not discovered.

at least 40km/h with a fixed speed and not sufficient to reduce the speed.

2. The deceased, who has been engaged in elective work for a multi-year period of time, shall do so in the preceding eye.

At the time of the accident, it seems to have known the fact that some sections were absent at the time of the accident, and at the time of the accident.

At night, as the deceased was at night, promoting safety by lowering speed as well as closely displaying the front door.

The deceased did not pay such attention, and such negligence has also been caused by the deceased.

Since a significant contribution was made to the occurrence of the accident, the equitable sharing of the damages is required.

The defendant's liability is limited to 20% of the total amount of damages.

(c) Scope of property damage compensation;

1) The deceased’s lost income

A) Personal information of the Deceased

○ Gender: South (Nar)

○ Date of birth: February 18, 1961

-Date of accident: January 28, 2010

-Age: 48 years old and 11 months old at the time of the accident;

○ Name of lease: 31. 12 years

-End date of operation: February 17, 2021 (Maximum working age: 60 years)

(b) occupation and income;

The standards for legitimate reflection of the victim's property value with labor ability.

shall be calculated by the Corporation, and the Corporation shall be engaged in a certain occupation at the time of the accident and shall obtain income.

Except in extenuating circumstances, a person who had been engaged in such income shall be the basis for calculating the lost income.

c) if the victim has, in particular, reported income to the tax authority, the reported income is actually earned.

would normally be obtained by temporary friendly circumstances, unless it is different from the one in which it was, or

barring special circumstances, such as that such income cannot be an income, the action at the time of the accident shall not be

on the basis of such report, the actual profit must be calculated (Supreme Court Decision 2005 delivered on May 25, 199).

198Da5661 decided Feb. 2, 200

In this case, Gap evidence Nos. 4 and 5, Gap evidence No. 7-1, 2, and Eul's statement

Myeon, the Deceased, during the period from January 18, 2005 to January 27, 2011, the Han Jind Forest Benefit presses Co., Ltd.

From this point of view, it is recognized that the service fee has been received on consignment.

In addition, the evidence No. 14, Eul No. 11-1 and No. 2-1 and No. 11-2, and the Department of Songpa of this Court

Korea on April 28, 2011: (a) the result of the inquiry of the fact-finding inquiry conducted on April 28, 201, as a result of this Court's inquiry, J. J. 29 April 29, 201

According to the results of the actual inquiry, ① annual income reported by the deceased to the competent tax office for the year 2009.

3. Facts consisting of 3, 469, 620 (the details of the business income belonging to the year 2010 in the case of Pacifica) have been established yet.

2) The monthly payment of the deceased’s health insurance premium in the year 2009 between the 66,670—

74, 210 won, which is a summary of annual income (the sum total of income, property, and value of automobiles).

The facts calculated from 500 to 8 million won can be recognized, but on the other hand, evidence A Nos. 6 and 14

record, the first instance court held on December 13, 2010 and May 18, 201, respectively.

As a result of the fact-finding inquiry, on September 23, 201, of this Court's letter of tolerance tax assessment on September 23, 2011

Comprehensively taking account of the overall purport of the theory, ① the deceased’s content of the value-added tax return in 2009 until May 2010

The deceased died on January 28, 2010 and his business office in 2009.

A significant portion of the profits was not reported to the tax office, and ② The Han Jink-based presses of the deceased.

The sum of service costs received from January 2010 reaches KRW 5,189,532 (Deductions, such as premium, association expense, etc.),

③ The value of supply of a tax invoice issued by the deceased to the Dlim interest presses shall be from 2009 to 1, 2010.

28. Total amounting to 28, 293, and 884. (4) Of them, the tax base and output tax amount from among them shall be January 2010.

4. 4, 433, 864, 32, 603, 922 in the second half of the year 2009, 25, 047, 563 won in the first half of the year 2009, and purchase

The amount of tax shall be January 1, 2010, 853, 023, 11, 611, 114 won in the second half of the year 2009, and the first half of the year 2009.

9, 555, 006 can be recognized, so this case reports to the tax authority by the deceased.

Income is different from that actually earned, or it is a temporary or incidental circumstance.

It is reasonable to deem that there was a special circumstance that it would not be an ordinary income.

of this chapter.

Therefore, monthly income, which serves as the basis of the deceased’s lost income, shall be sold from the above tax base and output tax amount.

Amount obtained by subtracting the input tax amount [2,580 for January 2010, 841 won ( = 4,433, 864 won to 1,853, 023 won), 209

In the second half of the year, 20, 992, 808 won ( = 32, 603, 922 won - 11, 611, 114 won), in the first half of the year 2009, in the first half of the year 15, 492, 557 won.

= 3,005,092 won [ = (20, 992, 808 won + 15, 492, 592, 492, 557)] monthly divided by the number of months in = 25,047, 563 - 9, 555, 006 won]

Won +2, 580, 841 won)/13] shall be calculated.

(c) Cost of living: 1/3 of income;

(d) Calculation: In accordance with the method of single interest that deducts intermediate interest at a rate of 5/12 per month;

The current price shall be calculated as at the time of the accident (less than a month and less than a won shall be discarded; hereinafter the same shall apply).

From January 28, 2010 to February 17, 2021 132 months

3. , 005, 092 won x 2/3 x 105 = 210, 364, 253 won

2) Property damage of Plaintiff New○○: The fact that the instant vehicle was owned by Plaintiff New○○ is earlier than the fact that the instant vehicle was owned by Plaintiff New○○.

As seen above, according to Gap evidence No. 12-1, Gap evidence No. 12-1, which is close to the date of the accident in this case.

1. The exchange value of the instant vehicle as of the base is KRW 9,700,000, and the exchange value of the instant vehicle on the date of the instant accident is also different.

of this case (the defendant of this case) is ratified to be the same as the other

Since it was more depreciated than a truck, evidence 12-2, which is the lowest amount,

Party A’s statement No. 12-2, stating that it should be based on KRW 7,900,00 in accordance with the entry;

A According to Section B, the above amount is as of August 25, 2010, seven months after the date of the accident of this case, as of August 25, 2010

Since it is only price, the defendant's above argument is without merit.

Therefore, the Defendant: (a) 8,800,000 won for the Plaintiff’s new ○○○○ among the exchange value of the instant vehicle

have a duty to compensate.

3) Plaintiffs’ property damage: Funeral expenses totaling KRW 6,896,500.

A person entitled to claim funeral expenses shall be bereaved family members who have borne such expenses, and under special circumstances.

Funeral expenses of an inheritee, given its nature, shall be jointly borne by the co-inheritors in proportion to their statutory inheritance.

of this section.

At the time of the instant accident, the first half of 2010 Urban Daily Wage was KRW 68,965, and thus, the State Compensation Act is the State Compensation Act.

Funeral expenses calculated pursuant to Article 3(1)2 and Article 3 of the Enforcement Decree of the State Compensation Act shall be KRW 6,896,50 ( = 500)

68, 965 x 100). The plaintiffs are classified by inheritance shares as claimed by the plaintiffs.

New○○ 2, 955, 642 won ( = 6,896, 500 won x 3/7), Plaintiff O○○, and △△△△△△, respectively ( = 1,970, 428)

6, 896, 500 won x 2/7).

C. Limitation on liability

1) The defendant's ratio of liability: 20%

2) Calculation

A) Property damage of the deceased = 42,072,850 won = 210, 364, and 253 won (daily income) x 20%

B) Property damage 2, 351, 128 won = [Attachment 8, 800, 000 won ( Truck value) x 20%] of the Plaintiff Shin ○○○’s property damage

+ [6, 896, 500 won (Funeral expenses) ¡¿ 3/7 x 20%]

Plaintiff 1, 2/7x, 394, 085 won = 6,89, 500 won (Funeral expenses) x 2/7x

20%

D. Scope of consolation money

The deceased and the plaintiffs' age, family relations, the background of the accident of this case, and the degree of negligence of the deceased.

Taking into account the circumstances comprehensively, the deceased’s KRW 20 million, the Plaintiff’s New○○ KRW 5 million, the Plaintiff’s O○○, and the Plaintiff’s office.

The △△△ shall be determined as KRW 2 million.

(e) Inheritance relationship;

1) Amount subject to inheritance: Total sum of 62,072,850 won ( = Property damage = 42,072,072,850 won + 850 won + consolation money.

20,000,00 won

2) Calculation: Plaintiff New○○○ 26, 602, 650 won ( = 62,072, 850 won x 3/7), Plaintiff ○○, and △△△△△△, respectively.

17, 735, 100 won ( = 62,072, 850 won x 2/7)

F. Sub-determination

Therefore, the Defendant: 33, 953, 778 won ( = 26, 602, 650 won + 2, 351, 128 won + 5, 000, 000 won;

1) The Plaintiff 1, 129, 185 won = 17, 735, 100 + 394, 085 + 2,00,000 won, respectively, to Plaintiff 1, 129, and 185

As to each of the above amounts, the existence of the defendant's obligation to perform since January 28, 2010, the date of the occurrence of the accident of this case

Until November 9, 201, the date of this decision, which is deemed reasonable to dispute over the scope and scope of this case.

5% per annum under the Civil Act, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

shall be liable to pay damages for delay calculated in proportion to each ratio of the foregoing.

If so, each claim against the plaintiffs against the defendant is justified within the above scope of recognition;

Each remaining claim shall be dismissed as it is without merit, and it is so decided as per Disposition.

The presiding judge shall make a statement of judges

Judges Song-young

Judges Doo-leap

1) In the case of a household with an annual income of more than five million won, the health insurance premium calculation formula shall be the income + the property + the imposition score of insurance premium plus the aggregate of motor vehicles (165 won, 4. 165).

= monthly payment. The contribution point of the deceased calculated by this is 08 to 448.67 on 403, and this is £« Property + Income calculated by adding up motor vehicles.

The annual amount is 5 million won to 8 million won.