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(영문) 전주지방법원 2015.09.01 2014가단26684

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the driver of the instant vehicle B (hereinafter referred to as “instant vehicle”), the Defendant Republic of Korea from November 22, 2012 to May 20, 2014, the owner of the “Banan-Tai Road Construction Project (2 Tools)” (hereinafter referred to as the “instant road”), and the Defendant New Integrated Construction Company (hereinafter referred to as the “Defendant Company”) that had been in force on the roads of the 29th National Highway at the time of Kim Jong-si for a period from November 22, 2012 to May 20, 2014.

B. Around 03:00 on December 28, 2013, the Plaintiff: (a) driven the instant accident vehicle and driven the national highway No. 609-29 located in the 609-2nd side of the west at Kim Jong-si in the vice bank from the vice bank to the vice bank; (b) was faced with an injury, such as “one-way pressure and closure,” etc., to the left side of the instant road; (c) proceeded to the left side of the instant road; (d) was driven by the SS’s hub structure, which he was driven on the right side of the instant road; and (d) proceeded to the right side of the instant road without plucking or digging the hand; and (d) was crashed under the following discussion to the lower part, thereby causing an injury, such as “one-way pressure pressure and closure.”

hereinafter referred to as "the accident of this case"

(iii) [The facts without dispute over the basis of recognition, Gap evidence 1 to 4, Eul evidence 1 and 2, each of the records and images, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that "a construction project operator shall install traffic safety facilities according to the direction of the chief of the relevant police station when it is necessary to induce or instruct the passage of vehicles and horses during construction work hours" (Article 69(3)), and "the Ordinance of the Ministry of Land, Infrastructure and Transport" shall establish traffic management measures to ensure the safety of workers and pedestrians who perform road works and pedestrians and to ensure traffic flow, and a person who is not a management agency.

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