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(영문) 의정부지방법원 2016.11.23 2015가단110003

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of the premise of the dispute are that the Defendant, while implementing the Han River Watershed Maintenance Work (section 3) on August 28, 2006, received water from the Plaintiff-owned housing located in Gyeonggi-gun B (hereinafter “instant housing”). The Defendant is a terminal point of a private sewerage system with a facility connected to the main pipe of the household sewage or factory wastewater as a facility connected to the main pipe.

The housing site shall be installed on the side of the housing site, and the inner or inner water control shall be made of the original form of 30 to 50cc or of each type of concrete (explosion area: water fishing house (2011). (hereinafter “the wastewater of this case”). (hereinafter “the wastewater of this case”).

The sewage treatment of this case is close to the gate that enters the housing of this case in the meritorious service, and is located in the middle of the main entrance road into the gate.

Most of the body body of the wastewater of this case are buried underground, and part of the upper part of the upper part (hereinafter “instant protruding part”) above the ground level from about 7 cm to 9 cm high from the ground is protruding out of the ground.

Based on the direction of seeing the proposal outside the house of this case, the passage along the width near the right side of the protruding part of this case is secured.

On October 13, 2014, the Plaintiff entered the instant house with a bicycle riding around 14:30,00, and the front wheels of the bicycle getting out of the instant protruding part of the bicycle riding.

(hereinafter “instant accident.” The Plaintiff suffered injury, such as a pelle, pelpelneal damage, pelle pathal damage, pelle pathal ma, and cage cages, etc., due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap 3's statements, Gap 6's photographs and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant, a public structure, was the Plaintiff due to defects in the installation and management of the sewage treatment plant in accordance with Article 5(1) of the State Compensation Act, as the managing body of the instant wastewater treatment plant.