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(영문) 광주지방법원 2015.07.08 2014가단527432
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Among the national highways No. 39 (hereinafter “instant road”) on 39 U.S. C. ridged Dop-ro Dop-ro Dop (hereinafter “N.”), there is a risk that vehicles running across the instant road will depart from the road because they would be able to escape from the road by getting out of the irrigation tunnel and bending up to about 200 meters rapidly and right. Thus, there is a defect in installing a starting-line guide sign and a protective fence, and there is no such road safety facility in conformity with the design and performance standards. Accordingly, A driven the instant road on Dec. 17, 2013 by driving the instant road on the B car (hereinafter “instant accident vehicle”), around 0:53, 2013, around 200:0, the instant road was driven from the front-round Dop-dong Dop-si Dop-do to the front-round Dop-do Dop-do Dop-do.

(hereinafter “instant accident”). Therefore, as an insurer who concluded an insurance contract with respect to the instant vehicle, the Defendant is obligated to pay the amount of indemnity to the Plaintiff who paid the insurance money to F.

2. The defects in the construction or management of public structures in accordance with Article 5(1) of the State Compensation Act refer to the state in which the public structures have not been ordinarily safe in accordance with their intended use.

However, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function. Considering the overall circumstances such as the use of the public structure and its current status and current use status, the extent that the construction manager is generally required in proportion to the danger of the public structure is generally required by social norms.

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