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(영문) 수원지방법원안양지원 2019.12.12 2019가단101654

손해배상(기)

Text

1. The Defendant paid KRW 6,154,436 to the Plaintiff KRW 5% per annum from August 3, 2017 to December 12, 2019.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings on the entries or images set forth in Gap evidence 1, 10, and Eul evidence 1 and 2.

At around 17:00 on August 2, 2017, the Plaintiff (BB) was faced with the injury to the right side, i.e., the upper part of the upper part of the 5 secondary-line road (hereinafter “instant road”) in the village of Goung-gun, Goung-gun (hereinafter “instant accident”).

B. In part of the instant road and its surrounding areas, D Co., Ltd. (hereinafter “D”) performed the sewage pipe construction work (hereinafter “instant construction”).

C. The road in this case seems to be managed by the defendant.

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion (1) was that part of the road of this case where the instant construction was carried out, and the Plaintiff was faced with the instant accident as the construction site collapses.

The accident of this case occurred due to the defect in the construction and management of the road of this case and the side part of the road of this case, which is a public structure managed by the defendant, so the defendant is liable to compensate the plaintiff for the damage

(2) The Defendant’s instant accident occurred due to the Plaintiff’s fault in installing and managing the instant road as well as the non-defensive part of the road. It cannot be deemed that the instant accident occurred due to the Plaintiff’s fault in installing and managing the instant road.

B. (1) The facts following the existence of the liability for damages are either disputed between the parties, or acknowledged after considering the overall purport of the pleadings on the images of Gap evidence Nos. 10 and No. 1 and 2.

The point where the accident of this case occurred is the old side of the road of this case, which is provided or used as a passage of people, and the floor is not properly packed as follows.