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(영문) 대전지방법원 2018.09.21 2017나100930
손해배상(자)
Text

1. The plaintiff's appeal is all 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 court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The gist of the plaintiff's assertion was that the plaintiff was not equipped with drainage equipment on the road of this case. ① The defendant Seosan City is responsible for compensating the plaintiff for damages caused by defects in the management of the road of this case, which is a road management authority under the Road Act or a person in charge of the construction and management of the road of this case, in accordance with Article 5 (1) of the State Compensation Act, as the person in charge of the road management of the road of this case or the person in charge of the construction and management of the road of this case, which is a public structure, and ② the construction of the road of this case is carried out by a joint execution method after being awarded a contract with both construction of the road of this case and the construction of the road of this case as a joint beneficiary. Thus, the plaintiff is liable to compensate for the damages of the plaintiff as a joint beneficiary.

B. Article 5(1) of the State Compensation Act provides that “When any damage has been inflicted on another person due to defects in the construction or management of roads, rivers or other public structures, the State or local governments shall compensate for such damage.” Article 6(1) of the State Compensation Act provides that where the State or local governments are liable to compensate for damage on the grounds of defects in the construction or management of public structures pursuant to Article 5 of the State Compensation Act, the person in charge of construction or management of public structures and the person in charge of expenses are liable to compensate for the damage unless the person in charge is the same, the person in charge of construction or management of public structures is also liable to compensate for the damage. Thus, Article 5(1) of the State Compensation Act provides that the person in charge of construction or management of public structures is the person in charge of construction or management of

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