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(영문) 서울중앙지방법원 2018.11.08 2018가합514120

손해배상(기)

Text

1. Defendants D and E jointly share KRW 70,781,603, Plaintiff B and C, respectively, and each of them.

Reasons

1. Basic facts

A. On May 27, 2017, Defendant E Co., Ltd. (hereinafter “Defendant E”) participated in and supervised by Defendant E Co., Ltd. (hereinafter “Defendant E”), a bicycle competition held in the group of D, I, and J forces (hereinafter “instant bicycle competition”), and died of the following accidents. Plaintiff A’s wife, Plaintiff B, and C are the deceased’s children.

Defendant D’s sponsor is a local government that granted subsidies to the said bicycle racing, and Defendant F is a person who operates “L” as indicated in the materials related to the said bicycle racing together with Defendant E as a sponsor and manager.

B. In the occurrence of the instant accident, approximately 1,00 persons participated in the instant bicycle racing, where the amateur bicycle riders start at the seat of the Gangwon Myeon Office and return a total of 147 km courses to the seat of the MMyeon office again after a total of 147 km courses, including N,O, P rest area, Q, etc., were taken and returned to the seat of the MMyeon office.

around 16:20 on May 27, 2017, the Deceased, on board a bicycle, was passing through a road near the Gangwon R, which is about 140 km point in the course of the instant bicycle racing (hereinafter “instant road”), and thus, the Deceased lost a net center above the speed limit set up at that place, thereby going beyond the opposite line above the center line of the said road, and became a conflict between the two sides of the vehicle left behind the opposite line.

(hereinafter “instant accident”). The Deceased was sent back to S Hospital by the instant accident, but died on May 27, 2017, on the one hand, after having died of serious brain damage.

On the other hand, the speed prevention threshold installed on the road of this case was partially damaged and there was a difference between the adjacent surface and about 3 cm.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 11, 16, Eul evidence 2, 5 to 7, Eul evidence 1 to 4, Eul evidence 1 and 3.