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(영문) 서울중앙지방법원 2014.11.28 2014가합540558
손해배상(기)
Text

1. The Defendant: (a) against the Plaintiff A, KRW 47,67,441, KRW 30,278,294, and each of the said amounts to the Plaintiff B and C, respectively; and (b) on October 6, 2013.

Reasons

1. Basic facts

A. On October 6, 2013, 16:25, 2013, the network D (hereinafter “the network”) operated the national highway No. 48 of the DoluriICIC in the ancient village of Kimpo-si, Kimpo-si, Kimpo-si, and proceeded two-lanes from the long-term Dong bank to the high-speed bank of the city, which is equivalent to 130km/h in the speed of 130km from the long-term Dong bank.

However, in the process, the deceased's urbane was sculpted, and the deceased did not take appropriate measures for assistance, and died on the spot due to severe cerebral damage.

(hereinafter “instant accident”). (b)

At the time, Kimpo-si National Road of the deceased Kimpo-si (hereinafter referred to as the "Road of this case"), a large width of about 4 cm and approximately 4-5 cm in depth, was located in a road, and a deep and broad home was broken on the line which separates one-lane and two-lanes.

C. Meanwhile, the plaintiff A is the deceased's wife, and the plaintiff B and C are the deceased's wife.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 3 and images, witness G testimony, purport of whole pleadings

2. Occurrence of liability for damages;

A. The defect in the construction or management of a public structure under Article 5(1) of the State Compensation Act refers to a state in which the public structure is in a state of failing to have safety ordinarily required for its use. The construction or management of the public structure cannot be deemed as a defect in the construction or management of the public structure solely on the ground that the public structure is not completely in a state of integrity and has any defect in its function. Whether the construction or management of the public structure is equipped with safety should be determined based on whether the construction manager fulfilled the duty to take protective measures to the extent generally required in proportion to the danger of the public structure, by comprehensively taking into account all the circumstances, such as the use of the public structure in question

Supreme Court Decision 201. July 2001

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