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(영문) 창원지방법원 2014.09.18 2014나30098

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Reasons

1. The plaintiff's assertion

A. On March 21, 2012, the Plaintiff: (a) driven a BM7 vehicle owned by the Plaintiff (hereinafter “Plaintiff”) on March 21, 2012; (b) led to an accident where the Plaintiff was faced with the Plaintiff’s lower part of the road located around the Mandole (hereinafter “instant road”); and (c) as a result, the Plaintiff’s vehicle was destroyed.

B. The instant accident occurred due to the defect in the construction and management of the Mandole and road, which is a public structure. As such, the Defendant, as the management agency of Mandole and road, is obligated to pay the Plaintiff a total of KRW 10,202,516 (i.e., the Plaintiff’s repair cost of KRW 8,202,516 (i.e., the Plaintiff’s repair cost of KRW 2,00,000) and damages for delay.

2. Determination as to the cause of claim

A. First of all, the occurrence of the instant accident was done by the Plaintiff’s witness C, D, and E of the first instance court as seen consistent with the Plaintiff’s assertion, and the following facts and circumstances that can be acknowledged by considering the overall purport of the entries and arguments in Eul’s witness C, D, and E of the first instance court as seen in line with the Plaintiff’s assertion, and the following facts and circumstances as follows: (i) the Plaintiff and C, D, and E testified to the effect that they were aware of the instant accident only by witnessing the instant accident; (ii) the Plaintiff, C, D, and E of all were engaged in the automobile maintenance-related business in the vicinity of the Changwon, and (iii) they testified to be aware of their workplace as those engaged in the automobile maintenance-related business in the vicinity of the Changwon, and (iv) the testimony was made between D and C, but D had been under the direct supervision of the vehicle immediately after the accident.”