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(영문) 부산지방법원서부지원 2019.05.15 2018가단4138

손해배상 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 28, 2016, the Plaintiff asserted that: (a) around 01:05, the Plaintiff suffered injury, such as a dubing dub, etc. (hereinafter “the instant injury”); (b) on the left side of the front part of the head of the Gu, where the dub took place due to the refarcing of the road, which was going around the vicinity of the branch of the Busan East-gu, Busan (hereinafter “instant accident”); (c) and (d) the Defendant, as the construction and manager of the instant road, is obligated to pay the Plaintiff damages incurred by the instant accident (35,840,779 KRW 5,00,000,00) and damages for delay.

2. According to the statements and images of Gap evidence Nos. 1 through 11, the plaintiff suffered the injury of this case since he passed through the 01:05 on Aug. 28, 2016, on the part of the Busan East-gu B, where he was discharged from the Otoba, but added the overall arguments to the statements and images of Gap evidence Nos. 1, Eul evidence Nos. 5 through 7, 12 through 17, the following circumstances are acknowledged. In other words, the accident of this case is deemed to have occurred before and near the Busan East-gu C, and there is no need for file. ② The part alleged by the plaintiff as to the road and about about 44 meters away from the distance to the place where the accident of this case seems to have occurred, ③ The accident of this case is deemed to have occurred in the direction of 4 meters prior to the time the accident of this case and about 44 meters prior to the point where the accident of this case occurred, and it is difficult for the plaintiff to take the place where the accident of this case occurred.