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(영문) 수원지방법원여주지원 2015.12.16 2014가단10177

손해배상(자)

Text

1. The Defendant: KRW 36,757,790 for the Plaintiff and KRW 5% per annum from July 21, 2014 to December 16, 2015; and

Reasons

1. On July 21, 2014, the Plaintiff: (a) around 2:45:00 p.m. on July 21, 2014, when the Defendant (the Defendant is a member of a joint supply and demand organization under the contract for construction works for a C Expressway project concluded with the Jeju Highway) tried to stop on the right side of the Plaintiff’s dump truck (hereinafter “instant vehicle”) due to the Plaintiff’s destruction of the instant vehicle’s dump truck at the dump dump site (hereinafter “instant road”) with approximately 37 degrees, where the road was under way; (b) while the Plaintiff loaded aggregate at the dump truck at the dump site of the instant road (the point where the Plaintiff entered the construction site with the entrance of the construction site and completed about 65 meters at the right side of the dump from the dump to the end of the dump). However, the Plaintiff’s destruction of the instant vehicle to the right side of the dump.

At the time of the instant accident, the instant road did not have safety supplies for driver guidance and did not have anti-slock prevention facilities.

[Reasons for Recognition] Each entry, video, and the purport of the whole pleadings, as set forth in Gap evidence Nos. 1, 3, 6, 7, 8, and Eul evidence No. 1 (including each number, if any), without dispute

2. Occurrence of liability for damages;

A. (1) The party’s assertion (1) The plaintiff did not timely remove gravel and sand on the road of this case, and installed facilities to prevent the slick, but did not install them, etc., and the accident of this case occurred on the wind that the defendant neglected the management duty of the road of this case, and thus, the defendant is liable to compensate for all the damages suffered by the plaintiff.

(2) At the time of the instant accident, the Defendant’s sand is softened on the surface of the road abutting on the front line of the vehicle on the instant road.