(영문) 의정부지방법원고양지원 2014.08.22 2013가합6407

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(영문) 의정부지방법원고양지원 2014.08.22 2013가합6407

손해배상(기)

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1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 11, 2013, the network D (hereinafter “the network”) was killed in an accident where the head of the road on the right side of the road in the direction of the proceeding was seriously faced with while driving a new wall on the one’s own surface of the new wall and driving a high-speed 1412 high-speed road (hereinafter “the road in this case”).

The Plaintiffs are parents and punishments of the Deceased, and the Defendant is the installation and manager of the instant road, which is the location of the instant accident, and the facilities installed on the pedestrian right side of the said road.

[Ground of recognition] Facts without dispute, Gap's statements and images as to Gap's evidence 1 to 6, 13 through 17, 21 (if there are serial numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) At the time of the occurrence of the instant accident, spokes containing the fallen leaves, etc. collected on the right-hand pedestrian on the road of this case (hereinafter “the instant boundaries”).

(2) The accident of this case occurred, which occurred to the right hand of the Ortop of the Ortop of the Ortop of this case while avoiding vehicles that the deceased rapidly avoided and driving on the right side of the road of this case adjacent to the pedestrian road of this case.

(3) The Defendant, as a construction manager and manager of the instant road, neglected to perform the duty to manage the instant remains near the instant road, and caused the instant accident. As such, the Defendant is obligated to compensate for the damage caused by the death of the deceased’s parents and siblings.

B. (1) Determination on the existence of the Defendant’s management obligation is to minimize the occurrence of traffic accidents by safely inducing vehicles from various structures located on roads and provide drivers with a good driving environment, among the starting facilities in Part I of the Guidelines for Installation and Management of Road Safety Facilities (No. 255 of the Rules of the Ministry of Land, Transport and Maritime Affairs) which were in force at the time of the instant accident.

유사 판례

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