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(영문) 광주지방법원 2015.07.22 2013가단67414

구상금 등

Text

1. The Defendant’s KRW 3,530,400 as well as annual 5% from November 28, 2013 to July 22, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 28, 2013, A (hereinafter referred to as “the network”) caused an accident in which the central separation unit located at the beginning of the new air route was moved to the left-hand side of the passenger vehicle (hereinafter “instant accident”) while the first line among the 4th line road, which entered the new air route in the Supo-si, Supo-si, Mapo-si, Supo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, and then died during the said day, and the said vehicle was destroyed to the extent that it is impossible to repair the said vehicle.

B. In order to carry out the construction work of the access road to the Yan-si Port, including the new harbor and its access road (hereinafter “the road in this case”) located in the Yan-si New Port, Young-si, the Defendant’s affiliated regional office obtained permission from the Young-si, the competent authority, pursuant to Article 34 of the former Road Act (amended by Act No. 5453, Dec. 13, 1997) and Article 16(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 15100, Jul. 1, 1996); and on June 27, 1996 from Yan-si, each non-management authority’s permission for the construction work (the section 280 meters from 380 meters from Yan-si among the 380 meters from 190 meters from Yan-si, and the remaining section 100 meters from Yan-si).

C. On April 29, 1996, Mapo-si publicly announced the access road to the public port from the public sector in accordance with Article 10(1) of the Enforcement Decree of the Road Act.

The Mapo regional office of maritime affairs and fisheries has undergone a completion inspection on access roads to the Ganpo-si and the Ganpo-si on April 2001.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 6 evidence, Eul evidence 1 to 3, 10 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings and arguments

2. Occurrence of liability for damages;

A. The Plaintiff’s assertion 1 by the parties can identify the central separation zone on the ground of new navigation.