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(영문) 수원지방법원 2016.06.21 2014가단69579

손해배상청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is the owner of B vehicle (hereinafter “instant vehicle”). The Plaintiff’s words C driving the instant vehicle, which was used on the road while leaving 25 tons of truck neglected on the road while driving at a four-lane, while driving the instant vehicle, the vehicle was destroyed by the front section of the instant vehicle.

The plaintiff does not specifically indicate the date and time of the accident concerning the vehicle of this case.

The Defendant, as the possessor of the Young-dong Expressway, was obligated to maintain and manage the said road without any fallen water, but neglected to do so and thereby, thereby causing damage to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the repair cost of the instant vehicle and the delay damages therefrom.

2. Determination

A. (1) Around 00:45 on November 5, 2014, the Plaintiff’s words “C”, while driving the instant vehicle and driving the instant vehicle at a 0:0:45-lane, she shocked the front part of the said vehicle, which was far away from the said road (hereinafter “the instant typ”).

(2) Defendant Leecheon-cheon's branch is "A Section 1 Section 36.04 km from the Young-dong Highway to the Son JCT."

(3) The Defendant Leecheon branch patroled and managed 3 bridges (07:00 to 14:00, 14:00-22:00, 22:00 to 07:00 each day on the 36.9km section from the JCT to the Yang PIC. At around 22:00 on November 4, 2014, the Defendant Leecheon branch, Eul, an employee of the Defendant Leecheon branch, removed miscellaneouss away from the roads near the JCT, around 22:20, around 23:30, around 23:40, and removed miscellaneouss away from the roads near the Hancheon branch around the 23:5,000 IC on the 200-round May 5, 2014. < Amended by Presidential Decree No. 25787, Nov. 5, 2014>