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(영문) 춘천지방법원 2017.06.14 2016나51969
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is that the plaintiff added the following additional judgments as to the allegations added by the court of first instance, and the part of the third fourth part of the judgment of the court of first instance stating "by the left is low on the right side" is the same as the reasoning of the judgment of the court of first instance, except that the part of "by the left side is low on the right side at a low level." Thus, it is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion is a road installed at a height of 7 meters from the floor of the waterway, which is absolutely necessary to prevent departure from the lane of the vehicle. Thus, even though the installation of a diversary protection fence is recommended, there is a defect in installing a dynamic protection fence.

B. The following circumstances, which can be seen by comprehensively taking account of the descriptions in Gap's 10, 12, 13, Eul's 7, 8, and 14, are as follows: ① The road safety facilities installation and management guidelines allow the use of the same type of protective fence as much as possible, rather than using each other's protective fence in a short section. However, it is difficult to view that the location of the accident in this case is located above the water, and the width of the waterway is not so large that the construction of another form of protective fence is recommended only in the accident in this case. ② The form of the protective fence to be installed is to be selected in consideration of the facility's performance and surrounding environment, and each form of protective fence has a parking point. ③ The defendant can select a protective fence suitable according to the road environment and installation purpose, ③ the need to install a road with a direction of collision and protective fence, ④ the need to install a conflict of protective fence is low as the valley part of the accident in this case.

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