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(영문) 서울고등법원 2015.08.20 2015나2019771
손해배상(기)
Text

1. The plaintiffs' appeal and the defendant's appeal are all dismissed.

2. The appeal costs accrue between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On February 27, 2014, the net F (hereinafter referred to as “the net”) was driven by a one-lane road in front of H on February 14, 2014 (hereinafter referred to as “the road of this case”) from the head of Si/Gun/Gu to the luminous malthroto in the direction of the Geumcheon-do Office, while driving the road of this case (hereinafter referred to as “the road of this case”). The above maltha was lying toward the right-hand right-hand side, and the deceased was faced with the head of Si/Gun/Gu beyond the above maltha due to its shock.

(hereinafter “instant accident”). The Deceased transferred to an I Hospital immediately after the accident, but died of the following day on the day of the accident on which the brain dystrokes and the brain dystrokestropha and the brain dystrokestropha and the brain dystropha.

B. The instant road is part of one-lane of local highway managed by the Defendant.

The instant road is a part of the road where the Southern Construction Co., Ltd. and the Intervenor’s Intervenor’s supplementary intervenor were performing sewage culvert construction from May 15, 2013 to September 15, 2015. The instant road construction began on November 2013 and completed around December 2013.

C. The plaintiffs are legal successors as children of the deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 (including provisional number), Eul evidence 3 through 7, Gap evidence 2, Gap evidence 3-3, the purport of the whole pleadings and arguments

2. Occurrence of liability for damages;

A. "Defects in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety required for its use (see Supreme Court Decision 2002Da9158, Aug. 23, 2002). Here, the state in which safety is not satisfied, i.e., the state in which the physical facility itself constitutes the public structure, is in danger of causing harm to others, as well as the state in which the public structure is in danger of harm to its users due to physical or external defects or deficiency in the physical facility itself, which constitutes the public structure.

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