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(영문) 광주지방법원목포지원 2019.11.27 2019가단50725
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On December 1, 2016, 2016, the three-way distance front of the C convenience point in the YYYYYY YYYYA (hereinafter “instant road”) was in the state of being left alone on the road surface while the snow calcium for snow calcium was fully melted on the road surface. On the wind of the vehicle, (i) on December 16, 2016, the vehicle for snow calcium calcium 15:32, (ii) on December 15:36, 2016, 15:36, (iii) on December 16, 2016, the vehicle for Ecole calcium caused the accident to the driver or the other party of the vehicle or the other party of the vehicle in conflict with each traffic safety facility or neighboring vehicle on December 14:45, 2016, and then the accident occurred in the order of each of the instant case (hereinafter “3rd accident”).

B. The Plaintiff is an insurer who entered into a comprehensive insurance contract with respect to each of the above vehicles, and paid the total amount of KRW 46,154,970 related to each of the instant accidents (i.e., KRW 6,750,320 related to the instant No. 2 accident of this case) KRW 1,890,000 related to the instant No. 3 accident of this case.

C. At the time of each accident on the road of this case, calcium was left alone, which could be the cause of a traffic accident on the road of this case, and this constitutes a defect in road management and preservation, and the defendant who manages the road of this case is responsible for removing the calcium which is obstructive to the vehicle operation on the road of this case to maintain and manage the safety of the road.

Since there is a proximate causal relationship between the leaving of the Pium calcium that the Defendant scattered and the accident of this case, the Defendant is liable to compensate for damages caused by each accident of this case.

2. Determination

A. (1) "Defects in the construction and management of public structures" under Article 5 (1) of the State Compensation Act refers to the state in which the public structures are not normally safe in accordance with their purposes, and the construction and management of the public structures.

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