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(영문) 수원지방법원성남지원 2017.10.17 2016가단225130
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 21, 2016, the network E (hereinafter referred to as “the network”) fell from the road located in the Manam-si, Sungnam-si (hereinafter “instant road”) among the roads located in the direction of the party from the Seoul direction, on board bicycles around July 21, 2016.

B. On July 24, 2016, the Deceased was transferred to G hospital immediately after the instant accident, but died of cerebral livers due to cerebral cerebral dys. (08:10 on July 24, 2016.

C. The plaintiff A is the deceased's spouse, and the remaining plaintiffs are the deceased's children.

The defendant is a local government responsible for the construction and management of the road of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 7, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. On the instant road asserted by the Plaintiffs, safety warning boards were not installed in order to secure visibilitys against the rules on the structure and facility standards of bicycle riding facilities, and safety warning signs were not installed in order to inform the risks.

Since the accident of this case occurred due to the above defect, the defendant who is the manager of the road of this case is obligated to compensate for the plaintiffs' property and mental damage caused by the above accident.

B. As stated in Article 5(1) of the State Compensation Act, the term “defect in the construction or management of a public structure” means that the public structure is in a state of lacking safety ordinarily required for its use. Thus, it cannot be said that the construction or management of the public structure is defective merely because the public structure is not in a state of completeness and has any defect in its function. Whether such safety is satisfied is generally accepted in proportion to the danger of the public structure by comprehensively taking into account all the circumstances, including the use of the public structure in question, the present state of the installation, and the situation of its use.

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