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(영문) 광주지방법원 2018.09.07 2017나63251
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following dismissal or deletion.

2. Claim 2-B(b) of the reasoning of the judgment of the court of first instance concerning the cause of the claim shall be dismissed as follows, and Claim 3 shall be deleted.

In light of the following facts and circumstances, it is reasonable to view that the road of this case was in a state of insufficient stability to be ordinarily prepared according to its purpose, and the defendant is liable to compensate for damages caused by the accident of this case as the manager and manager of the road of this case pursuant to Article 5(1) of the State Compensation Act, as the road of this case, under Article 5(1) of the State Compensation Act, as the manager and manager of the road of this case is responsible for compensating for damages caused by the accident of this case.

① While street lights are installed at TW-type TW-distance, the point at which the instant accident occurred (hereinafter “instant intersection”), it is difficult to ascertain the edge of the instant intersection because of low illumination at night, and rather, it is the place where the instant intersection appears that the instant intersection is continued due to the lighting of the wharf located adjacent to the instant intersection, located adjacent to the instant intersection, and instead, it is the place where the instant intersection appears that the instant intersection is continued.

② At the intersection of this case, a traffic sign informing the right side of Twit distance is installed at the intersection of this case, and at the right side of 63 meters, a road name sign indicating only the left and the right side is installed. At the front of 60 meters, there is a road surface indicating only the left and the right side at night, but it is difficult to recognize it at night. Moreover, the intersection of this case does not have any traffic safety facilities, such as the sign informing the end of the straightway, the starting-way, and the fall risk, and thus, the intersection of this case is the end of the straight road at night.

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