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(영문) 대구지방법원안동지원 2019.05.29 2018가단20880
손해배상(자)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 9, 2018, Plaintiff B, while driving a dump truck (hereinafter “instant vehicle”) owned by Plaintiff A with aggregate loaded on the C 25.5 tons of dump truck (hereinafter “instant vehicle”), was driving the vehicle along the farmland located on the right-hand side by getting out of the way of playing a vegetative surface of the road near the Gyeongbuk-gun D (hereinafter “instant road”) and driving the road along the same as a farmland going through a vegetative surface in the direction of the river.

(hereinafter “instant accident”). B.

The road of this case is the Gun road installed and managed by the defendant, which is the national map.

[Ground] Evidence Nos. 1, 5 through 7, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the accident of this case occurred due to the defects in the construction and management of the road of this case as follows. Thus, the defendant is liable for damages suffered by the plaintiffs as a tort under Article 5 of the State Compensation Act or the Civil Act.

Plaintiff

A has spent KRW 45,776,045 in total from March 19, 2018 to July 2, 2018, including the repair cost of the instant vehicle, towing cost, and KRW 660,000 in aggregate due to the instant accident, and the Defendant shall pay the said money to the Plaintiffs.

(1) 이 사건 사고 지점은 S자형 굽은 도로의 내리막길로서 도로가 움푹 파여 있었는데, 당시 비가 내리고 있어서 커다란 물 웅덩이를 이루고 있었다.

Plaintiff

B was conducted in order to avoid a water pool but the accident of this case occurred as the vehicle was cut off in a broom.

The defendant, in the event of a strike, has repaired the road and left it alone even though the drainage function should be smooth.

(2) Although the Defendant did not install and manage the sideway on the instant road at the point where the instant accident occurred, or even if the side is installed, the width is narrow, and soil is stored on the side, so the Defendant did not function as the sideway.

In the end, vehicles are.

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