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(영문) 서울중앙지방법원 2018.02.08 2017나43885

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The appeal cost (including the part resulting from the supplementary participation) shall be borne by the Plaintiff.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows. The plaintiff’s assertion added to this court is as stated in the reasoning of the judgment of first instance, except for addition of “3. Additional determination” as to this case’s assertion, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 2 of the judgment of the court of first instance, which is removed, deleted, or added, shall be deleted from about 40 kilometers per hour.

The following shall be added between 3rd and 9th and 10th.

“E. The Defendant’s Intervenor Hanjin Industries Co., Ltd. is a construction company of the national highways construction works ordered by the Defendant, and the Defendant’s Intervenor’s drawing engineering company is the supervising company of the national highways construction works ordered by the Defendant, and the location of the instant accident is located in the sections of the national highways construction works.” On the third part of the first instance judgment of the first instance judgment, “the accident site map attached to the traffic accident confirmation company” is deemed to be “the site map attached to the traffic accident confirmation agency”

On the 3rd of the first instance judgment, "No. 11-20 of the A," "No. 5-1 through 3 of the A," and "No. 11-8 through 10 of the A," respectively, of the 10th 11-2 of the 5th 5th 21 of the 5th 7th 7th 18 and 19th 19 of the 11th 13th 13th 2 of the A.

3. The Plaintiff asserts that the instant accident occurred at the time of the instant accident, unless the Defendant did not take measures for prevention of accidents, such as the ice-frameing road removal work in the vicinity of the instant accident site as a manager of the national highways of the instant accident, even though two traffic accidents already occurred before the instant accident occurred at the site of the instant accident on the date of the instant accident, the road at the time of the instant accident can be said to have defects in its construction and management.

Therefore, according to the statements in the health section, No. 10-2 to No. 4, the roads around the point of the accident of this case around 08:00 and around 08:05 on the day of the accident of this case.