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(영문) 광주지방법원 2016.07.20 2015가단532073
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. A. Since a local highway No. 821 (hereinafter “instant road”) in Youngnam-gun, Youngnam-gun, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si (hereinafter “the instant road”) is likely to fall from the head of each person to the port side of the Dopo-dopo-si, and is likely to fall into the slope of the instant road. Thus, there is a defect in the instant road without a protective fence installed. Accordingly, A, while driving the instant road on January 27, 2013 while driving a Dopo-si, Youngnam-gun, Dopo-si, Dopo-si, Dopo-si, Dopo-si

(2) The Defendant, as a joint tortfeasor, is liable to pay the amount of indemnity as a joint tortfeasor to the Plaintiff, who is an insurer who concluded an insurance contract for the said car (hereinafter “instant accident”).

B. 1 Defect in the construction or management of a public structure as defined in Article 5(1) of the State Compensation Act means a state in which the public structure is not equipped with safety ordinarily for its use.

However, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function. In light of the overall circumstances such as the purpose of use of the public structure and its current status and current status of use, it is necessary to determine whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure.

On the other hand, if the internal rules of the law or the administrative agency provide the criteria for safety, it can be a single standard to determine whether it is defective in the construction and management of public structures.

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