손해배상(기)
1. As to Plaintiff A, the Defendant: (a) KRW 85,318,080; and (b) KRW 83,818,080 to Plaintiff B; and (c) KRW 83,818,080 to each of the said money. < Amended by Act No. 13508, Aug. 8,
1. Basic facts
A. At around 15:00 on August 8, 2015, C, riding a bicycle, and driving a road near the Jin-gun of the former North Korean Water Station (hereinafter “instant road”), from the water side of the water side to the water side of the water side, C died of brain pressure due to cerebral blood, etc. around 18:45 on August 18, 2015, when the front wheels of the bicycle was shocked by a large amount of 2-3cm between the two sides of the above road and the water side, and the center was lost, and the head was faced with each other on the rail of the right side of the water side, and was transferred to the Joseon University Hospital. However, at around 18:45 on August 9, 2015, C died to the brain pressure.
(hereinafter “instant accident”). (b)
The instant road is a road managed by the Defendant as the model bicycle roads for the Island, and the Plaintiffs are the parents of C.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 through 9, Gap evidence 3, Gap evidence 10-1 to 3, Gap evidence 11-1 to 14, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the facts of recognition of liability, since the road of this case is being used as a bicycle lane and there is a danger that bicycles will move to the surface of the road, the defendant who installs, maintains, and manages the road without such cross-road parking, the defendant who installs, maintains, and manages the road of this case is a defect in the construction, maintenance, and management of the road of this case. Since the accident of this case occurred due to the above defects, the accident of this case is a defect in the construction, maintenance, and management of the road of this case. Thus, the defendant who is the manager of the road of this case is liable to compensate for damages caused by the accident of this case.
B. The circumstances revealed by the evidence revealed prior to the limitation of liability, that is, as C operating a bicycle at the time of the instant accident, neglected to prevent the occurrence of the accident, by checking whether or not there is a cross-road difference on the road surface in the direction of proceeding, by checking the road situation at the time of the instant accident.