2013 Gaz. 5112152 Claims

K. K.

Korea

April 29, 2016

June 10, 2016

1. The Defendant: (a) KRW 27, 620, 234; and (b) from December 28, 201 to June 10, 2016, to the Plaintiff.

interest rate of 5% per annum, 15% per annum from the following day to the day of full payment.

H. D. Payment

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 75% is borne by the Plaintiff, and the remainder 25% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant 10, 480, 936 won to the plaintiff and a copy of the complaint of this case from December 28, 201 to the plaintiff

Until the service date, 5% per annum, 20% per annum from the following day to September 30, 2015, and from the following day:

C. By the day of full payment, 15% interest per annum shall be paid.

1. Basic facts

A. Status of the party

The plaintiff between the non-party A and the non-party A, the Grand Kazym (hereinafter referred to as the "vehicle of this case").

C) The insurer which has entered into an automobile comprehensive insurance contract with respect to Eul, and the defendant is the defendant's 39 national highways (hereinafter referred to as "the defendant's national highways").

The construction and management of the road is the building and management of the road.

B. Occurrence of the instant accident

1) Nonparty J was under the influence of Nonparty J on August 15, 201: around 00, at around 00, in a state of drinking alcohol content of 0.147%.

the vehicle of this case is operated, and the two lanes, e.g., the two lanes near the valley of the Alsan-Eup in the Alsan City.

Automatic along the two-lanes of the road of this case, the road is proceeding to the Madern-Eup from the west of the Sinsan-si.

The valley section (hereinafter referred to as "the valley section of this case") in the vicinity of the valley which ends the lane of this case.

The attachment completion is also referred to) the point of accident.

2) At night, it was difficult to view at night, and the accident points shall be the ero-ray section in the straight line.

The left-hand hub section of the speed limit is 40 km a speed limit, so such a light is 40 km a speed limit

Any person engaged in driving of a motor vehicle, who is a driver of the motor vehicle, shall be in the road situation by reducing the speed and by taking into account well

Pursuant to the duty of care to prevent accidents by accurately manipulating the steering and steering devices;

Despite the fact that J has been under the influence of alcohol and has been negligent in doing so, J shall continue to proceed as a road.

Finding the diversity, which is set up on the right side of the side, late after the date of the diversity, but the diversity

The front part of the vehicle in this case without being equipped with a drick, and the right side of the vehicle in this case.

The front wheels continued to continue to proceed as a whole with a superscopic scopher, and at the first shock point;

D. D. D. H. H. H. H. H. H. H. H. H. H. H. L. H. H. H. H. H. H. H. H. H. H.

The victim Kimk-k (hereinafter referred to as the "victim") who was on board the vehicle of this case is the victim of this case.

량 밖으로 튕겨나가 위 가로등 지주 아랫부분에 머리를 부딪치고 도로 안쪽으로 떨어

The upper left side is cut off on the wall of a rewing machine that was adjacent to it, and the body is cut on approximately 54m from it.

A. Accordingly, the victim died at the site of serious brain damage and the instant case.

Vehicles 27.1m clicker clocks around 27.1m clicker clicker clocks beyond clocks (hereinafter referred to as the "motor vehicle").

‘The accident of this case’ is called ‘the accident of this case. The annexed accident site also refer to the accident site).

(c) Payment of insurance money;

As the insurer of the instant vehicle, the Plaintiff was the victim’s attention from September 5, 201 to December 27, 2011.

aggregate of insurance proceeds, such as agreed money for family and medical expenses of JJ, compensation for farm roads, etc.

276, 202, 340 won were paid.

D. Current status of the road of this case

1) The point at which the instant accident occurred shall terminate the main line of the motorway with a speed of 90 km per hour at a limited speed.

branches, as a point, the left-hand kacker section rapidly implemented by the honde corner section in the straight line section.

and is about 103 m in radius of the flat ray section of the instant valley, and the direction of the proceeding of the instant vehicle is well.

The side is about 12 meters in length, about 9.1m in vertical height, about 49 degrees in slope, and the following:

There are cement concrete farming roads passing by vehicles.

2) At the time of the instant accident, the instant road belongs to about 1.9km prior to the point of the accident, 70km per hour.

Before approximately 1.6 km, the Do limit (pre-announcement) sign, the Do limit on speed of 70 km per hour and approximately 1.1 km prior to the Do limit.

'The speed limit' 70 km per hour, 'the speed limit (pre-announcement)' 50 km per hour before approximately 900 km, marbs

Before 700 km, “Before 50 km speed limit” signboards, “Before about 500 km, at a speed of 40 km per hour (pre-announcement)”

Before approximately 180 meters of signboards, signs "the speed limit of 40km per hour", and approximately 100 meters prior to "the speed limit"

The absolute reduction of 40km "a sign informing that it is a section" was installed.

3) One set on the right side of the road running in the direction of the instant vehicle near the accident site of the instant road

Leil (high 1m, block 3W) and one short circuit pipe, and a revolving machine signs among starting facilities.

At approximately 20 meters near the start of the instant valley, the part of the point of leaving the road of the instant vehicle at approximately 20 meters.

The starting point shall be located near about 40m at intervals of about 40m, and the starting direction sign shall be installed at the starting point of the instant marture.

The former had been.

4) After the accident of this case, the Defendant is located on the right side of the road at the location of the accident of this case.

In addition, a protective fence was installed.

[Ground of Recognition: Facts without dispute, Gap 1-3 evidence, Gap 5-8 evidence, Eul 2, 4, 5 evidence, Eul 7-9 evidence (each of them)

Each description and image of each subparagraph, and each of the appraisal results of the appraiser, shall be deemed to have been made by the appraiser of this court.

As a result of fact inquiry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion

The defendant, who is the construction and manager of the road of this case, is a traffic accident due to the defect of the road of this case.

Construction and management of the road of this case without defects so as not to cause or expand traffic accident damage;

(1) In the straight line section of the road of this case, the straight line section of this case shall be deemed to be the straight line section of this case.

In the middle of the operation, the easing section was not properly installed, and 2 the dratulation of the road in the accident site is urgent.

Since it is a backer, it is necessary to install a steel protection fence on the street to prevent the escape of the vehicle from being out of the street.

Despite the fact that the accident site of this case is located on the right side of the road of this case, one set of dricky in lieu of a river protection fence.

3. Speed up to the point of accident of the road in this case

From 80 km each hour, it was installed to rapidly reduce the speed of 40 km each hour.

Since the defendant's mistake as above expansion of damages caused by the accident of this case, the defendant

The case is a joint tortfeasor for the accident of this case, and the defendant's negligence for the accident of this case

It is reasonable to 40% of the contribution, and the plaintiff is entitled to receive insurance proceeds within the legitimate scope of damage compensation.

276, 202, 340 won were paid to the Plaintiff and the Defendant jointly discharged the Defendant. Thus, the Defendant is the Plaintiff’s indemnity amount.

The Plaintiff is obligated to pay KRW 110, 480, and 936, which are 40% of the above insurance proceeds, to the Plaintiff.

B. The defendant's assertion

Road section of the accident site of this case does not fall under the cases where it is necessary to install a strong protective fence.

J. In order to prevent the accident, the defendant shall do so on the road at the location of the accident in this case, which is a starting-line guidance facility.

Part of the performance and standards prescribed by the relevant statutes, such as signs, street lamps, and anti-drums;

Since they were installed and managed jointly, there is a defect in the construction and management of the road of this case.

The accident of this case is only a driver's duty of safe driving, such as drinking, speed, etc.

Since the accident of this case occurred entirely by counter-performance, the defendant shall be liable for the accident of this case.

(2).

3. Determination

A. Relevant legal principles

In the case of defects in the construction or management of public structures under Article 5 (1) of the State Compensation Act, such public structures are

public institutions are not required to have safety in accordance with the purpose of use.

The meaning of a public structure is limited to any defect in its function without being in a state of completeness.

No error in the construction or management of the public structure may be found, and the purpose of the public structure and the current status of the place of installation;

In the light of the overall circumstances such as the situation and the status of the use, the installation and the manager of the public structure

In proportion to the examination, whether the person has fulfilled the duty of protection to the extent generally required by social norms

on the basis of whether or not safety is met. Generally, the construction of roads; or

the location of the road, the structure of the road, the volume of traffic, and the accident

All circumstances, such as the current use of roads and the original use of roads, such as traffic conditions at the time;

Specifically determined according to social norms by comprehensively taking into account the location, shape, etc. of the box;

(see, e.g., Supreme Court Decision 2002Da15917, Sept. 27, 2002); the inside of the statutes or administrative agencies

If there is a standard of safety set forth in the general rules, whether this is a defect in the construction and management of public structures.

of this case (Supreme Court Decision 2004Da23455 Delivered on November 9, 2006)

see, e.g., see).

(b) Relevant statutes;

Article 37 (1) of the former Road Act (Law No. 10331, December 1, 2010, effective) (Article 37 (1) of the same Act)

Construction, maintenance, safety inspection, and repair of roads shall be in accordance with the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

set forth in section.

Accordingly, the Ministry of Land, Transport and Maritime Affairs (the Ministry of Land, Transport and Maritime Affairs newly established following the reorganization of the government organization in March 2013)

(A) Rule 1 (hereinafter referred to as the "Rules of this case") on the Standards for Road Structures and Facilities

C) The theory of road safety facilities, established by the Ministry of Land, Transport and Maritime Affairs, established to specify the instant regulations and the instant regulations

The main contents of the Guidelines and Management Guidelines (hereinafter referred to as the "Guidelines") are as follows:

Rule 19 of the Rules on the Standards of Structure and Facilities of Roads (Fempon Roles of the Plon Roster)

A person shall be appointed.

방호울타리는 주행 중 정상적인 주행 경로를 벗어난 차량이 길 밖 , 대향 차로 또는 보도 등으로 이탈하는 것을 방지하는 동시에 탑승자의 상해 및 차량의 파손을 최소한도로줄이고 차량을 정상 진행 방향으로 복귀시키는 것을 주목적으로 하며 , 부수적으로는 운전자의 시선을 유도하고 보행자의 무단 횡단을 억제하는 등의 기능을 갖는 시설이다 .2 . 1 . 2 . 종류방호울타리의 종별은 설치 위치 및 기능에 따라 노측용 , 분리대용 , 보도용 및 교량용으로 나누며 , 시설물의 강도에 따라서는 가요성 방호울타리와 강성 방호울타리로 구분된다 .가 . 가요성 방호울타리차량이 충돌할 때 다소의 변형이 수반되면서 충격에너지를 흡수하는 것을 주된 기능으로 하는 방호울타리이다 .1 ) 보 ( beam ) 형 방호울타리연결된 보를 지주로 받친 구조로서 차량의 충돌에 대하여 휨과 장력으로 저항한다 .( 1 ) 가드레일연결된 파형 단면의 보를 지주로 받친 구조로 된 것으로 , 적당한 강성과 인성을가져 차량 충돌 시 소성 변형은 크나 파손 부분의 대체가 쉽고 , 설치 장소에 따라서는 시선 유도의 효과도 있다 .( 2 ) 강성 방호울타리방호울타리가 구조물의 변형에 의한 충격 흡수보다는 차량의 복귀를 목적으로 하여 변형되지 않는 구조로 된 것을 말한다 . 일반적으로 한 몸체의 콘크리트 구조물로 된 콘크리트 방호울타리를 말한다 . 탑승자의 안전성에서 본 때에는 변형하는 형태의 가요성 방호울타리가 바람직하다 . 그러나 설치 장소의 조건에 따라서는 차량이 길 밖으로 벗어나는것을 방지하고자 하는 목적 때문에 변형되지 않는 방호울타리를 필요로 할 때가 있다 . 이러한 때 적용할 수 있는 형식이 강성 방호울타리이다 .2 . 2 설치장소2 . 2 . 1 노측에 설치하는 경우다음 각 항에 해당하는 도로 구간에는 주로 차량이 길 밖으로 이탈하는 것을 방지하기위하여 도로 및 교통 상황에 따라 방호 울타리를 설치하는 것을 원칙으로 한다 .1 . 노측이 위험한 구간

(1) A slope slope i [A slope of a slope of a mountain in its natural condition] and the height on the side of the road (a slope of a slope from the original ground to the road surface) are related to the slope of a slope and the height on the side of the road (a slope of a slope of a slope within the range of the shooting lines indicated in the 2.4 of the e.g., the e., the e., the e., the e., the e., the e.b. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e.). the e.). the e.

C. Determination of defects in the construction and management of the instant road

1) Whether the defendant was negligent in establishing a alleviated section

In order to minimize the risk of the valley section of the road, the Rules of this case shall include the radius and complete of the flat valley section of the road.

By clarifying the minimum value of length of a ero-ray, the ero-ray of the ero-ray is too large or too large;

At the end of the straight line section, the straight line does not begin rapidly.

In this case, according to the Rules of this case, the Mag-gu, the design speed of which is 40 km per hour.

In the case of between the parties, the minimum radius of 50 to 60 meters, and the length of the relaxed section shall be 25 meters.

F. The point of the instant accident is 40 km per hour at the design speed, and is the mar section of the instant marries.

The fact that the name of 103m is the same as that of the above, and the result of the appraisal of the appraiser's strong sense; and

According to the court's fact-finding results on the above appraiser, the section of the road of this case and this.

There are approximately 10 to 20 meters in sections which are difficult to view as easing sections between the valley sections of this case.

of this case. If so, the parallel name of the parallel of the valley of this case can be recognized as the facts.

The minimum value criteria set forth in the rules are satisfied, but the minimum value criteria for the length of a easing section shall be satisfied.

Clearly, it is apparent that they were not.

Therefore, in the installation of the instant valley section, the defendant is not fully equipped with the alleviated section.

It seems that there is negligence.

2) Whether there was negligence by the Defendant in relation to the installation of a diversary protection fence

In full view of the following circumstances acknowledged by the above facts and the evidence mentioned above

In other words, the accident point of this case shall be the place where the river protection fence should be installed on the side of the road.

As such, the defendant's failure to establish it is negligent.

① Roads at the point of the accident of this case shall be be bended by a ndro, the radius of which is 103 meters.

Abrub road which is restricted in the front view, and the driver has properly set the brakes or steering gear.

작하지 못하는 등의 과실이 있을 경우 도로 우측 밖으로 튕겨나갈 위험성이 높다 .

② The right side of the instant accident point is vertical height from 9.1m to 1m, and it is sloped from a slope.

49°M 49°M with cement concrete farming roads passed by vehicles below the sloped surface.

D. The possibility of the secondary accident is expected to cause serious damage to the passengers of the vehicle, etc. in the event of the fall of the vehicle.

This is a large risk point, and the guidelines of this case are 2 by a vehicle that deviates from the road on the road.

Vehicles shall be out of the way at a place where there is a high risk on the side or where there is a high risk on the side of the vehicle.

In the section where it is deemed absolutely necessary to prevent the passage of the facility, the buffer effect of the facility is somewhat somewhat needed.

Even if the degradation is lowered, it is stipulated that the protection fence be installed.

(3) The guidelines of this case provide for the purpose of preventing vehicles from departing from the streets.

Relationship between the slope slope and the height of the side while having the protection fence installed in a dangerous section by the side;

In the case that the vertical height of the backer is not less than 2 meters, the protective fence shall be installed on the side of the roadside.

, if the height is at least 2 meters, the slope of the slope may not be installed if the slope of the slope is complete.

However, if the slope ratio of the place where the vertical height is not less than 8 meters is more than 1: 4, the protection fence shall be installed.

The accident point of this case, however, provides that the slope rate of 1:1:4,00 per 1:00,000 won.

In the vertical height of 9.1m, it is necessary to install a street protection fence, and the guidelines of this case

in light of its intent, shock absorption to prevent vehicles from departing from the way;

"Places for the purpose of returning the vehicle" are required to be built of a diversary fence for the purpose of returning the vehicle.

Da.

④ The Defendant’s provision in the guidelines of this case that the installation of a river protection fence is essential to the street side.

The fixed section shall be a high-priced section adjacent to the street or the public, Bridge, and a multi-level cross-section bridge for the road.

The width of a section, a deep sea or river to dry a bridge section, a dyp high-priced, or a bridge section to dry a river;

The point of accident in this case is less than 1m, but the point of accident in this case does not correspond to this rule.

The standing is likely to cause a secondary accident by a vehicle out of the road, or the standing on the road.

If it is only a example of a high examination level, and if it is necessary to install a strong protective fence, this shall not apply

4 cannot be viewed as limited only to the following cases:

3) Whether there is negligence with respect to speed limit

The plaintiff, the road of this case, from 80 km up to 40 km up to the point of accident of this case.

The argument that there was a defect in itself, as it was installed to be prompt.

B. On the instant road, approximately 1.9km prior to the point of accident 1.m., the sign board "(pre-announcement) at the speed limit of 70km per hour"

Dr 100 meters prior to the 100-meter radius "8 speed limit to the signboard" of absolute reduction of 40km.

As seen earlier, the Plaintiff’s assertion that a signboard is installed and leads the reduction of speed as soon as possible.

The above argument is not accepted.

4) Sub-decisions

Therefore, the easing section of the road of this case and the protective fence shall be installed in compliance with the relevant laws and regulations.

There is a defect not managed, and the accident of this case is the above construction and management of the road of this case.

The court held that the defects of the instant vehicle and the negligence of the J, the driver of the instant vehicle, were concurrent

D. The defendant's liability ratio for the instant accident

In full view of the following circumstances admitted by the above facts of recognition and the evidence mentioned above:

J as to the accident of this case and the fault of the injured party shall not be due to the defects in the construction and management of the road of this case

Since the defendant's liability for the instant accident is much more than 10%, the defendant's liability for the instant accident is limited to 10%.

It is reasonable.

1. The J shall drive the instant vehicle under the influence of alcohol 0. 147% under the influence of alcohol in blood.

A. The main cause of the instant accident was the negligence of the JusticeJ, which caused the instant accident.

② Skid mark remaining at the site of the accident in this case and the vehicle in this case shocked with the Garails.

In light of the fact that even after the end of a considerable distance and even after the end of a line, the party

The Court seems to have been binding beyond the speed limit.

1 ③ 이 사건 사고 당시 이 사건 차량에 탑승해 있던 피해자가 차량에서 튕겨 나간

In light of the point of view, the victim seems not to have sold the safety level.

E. Sub-committee

Therefore, the defendant 27, 620, 234 won ( = 27, 620, 234) of the insurance money paid by the plaintiff to the plaintiff as above

276, 202, 340 won x 10%) and after the plaintiff finally paid the above insurance proceeds:

From December 28, 2011, it is reasonable for the defendant to resist the existence or scope of the obligation.

Until June 10, 2016, June 10, 2016, the date of this decision, 5% per annum under the Civil Act, and full payment from the following day.

Until the day, delayed losses calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

shall be liable to pay the amount.

4. Conclusion

Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are accepted.

The dismissal is dismissed as there is no reason.

Judges Kim Gin-young

A person shall be appointed.

A person shall be appointed.