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(영문) 수원지방법원 2018.04.27 2016가단533401

손해배상(기)

Text

1. The Defendant’s KRW 6,416,60, and the Plaintiff’s annual rate of KRW 5% from August 8, 2016 to April 27, 2018.

Reasons

1. Facts of recognition;

A. On August 8, 2016, around 14:10, the Plaintiff was driving at the national highways No. 6 (hereinafter “the instant roads”) in the front B of Gangseo-gun, Gangwon National Highway (hereinafter “the instant roads”) with the main body of the right edge of the instant road, while driving the C 2car GT100 (hereinafter “the instant two-wheeled vehicle”) in the direction of the territorial plane direction, the Plaintiff was going beyond the main body of the instant two-wheeled vehicle.

(hereinafter “instant accident”). (b)

At the time of the instant accident, the instant two-wheeled vehicle was transferred to the left-hand side, and the left-hand side of the said two-wheeled vehicle was damaged.

C. Meanwhile, on June 12, 2014, the Public Procurement Service under the control of the Ministry of Land, Infrastructure and Transport entered into a construction contract for road construction works on passenger ships (representative contractor, representative contractor, 50% shares), Defendant (20% shares), Dae Ann Ann&C Co., Ltd. (30% shares), and 6 lines of national highways, including the instant roads.

On April 29, 2016, the Defendant completed the provisional package work on the instant road, and the road packing work was completed on September 4, 2017.

E. At the time of the instant accident, safety signs, such as PEdrum, were not installed on the instant road.

[Ground of recognition] The fact that there is no dispute, entry and video of Gap's evidence 1 through 5 (including each number, hereinafter the same shall apply), and the result of each inquiry into the original local land management authority of this court, the purport of the entire pleadings

2. The Plaintiff’s assertion indicated that, while carrying out the packing construction of the road of this case, the Plaintiff sprinked off the asphalt, and caused the Plaintiff to go far away from the two-wheeled vehicle while maintaining a balance. The said two-wheeled vehicle was destroyed by the one-wheeled vehicle.

Therefore, the Defendant is liable to compensate the Plaintiff for the damages to be indicated in the purport of the claim [the amount of depreciation of KRW 1,031,670 (the amount decline in remaining value) resulting from the defect in the package construction of the road of this case].

3. Determination A.