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(영문) 춘천지방법원 2014.10.07 2013가단14494

손해배상

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 16, 2013, 15:39 around 15:39, the network turned a bicycle on the left side of the second line road (hereinafter referred to as the “instant road”) with the home flussing door in the New-dong, Sincheon-si, Cheongcheon-si, Kim Jong-si, Kim Jong-si, and died from a slope by falling it into the farming waterways of the concrete floor below 3 meters at the vicinity of the entrance of the same Myeonsari-si at the same Myeonsari-si.

(hereinafter “instant accident”). (b)

The road, which is the location of the accident of this case, is connected to the Chuncheon City Urban Planning Road, to the following vehicular road, at least 3.75 meters wide on the side of the vehicular road, and approximately 20cm high at the boundary of the sidewalk and the farm road.

C. After the accident of this case, the Defendant installed additional rail railing on the sidewalk base. D.

The plaintiffs shall succeed to the deceased D's property.

[Ground of recognition] A without dispute, Gap 1 to 3 evidence, Eul 2 evidence, each image of Gap 4 to 6 evidence (including each number), the result of the examination by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that this case's bicycle road is not installed on the road of this case, and when the vehicle is difficult to pass along the bicycle, it is likely that the vehicle travelling along the bicycle at a rapid speed from the vehicular road adjacent to India would lose its body balance and fall down on the farm road below 3 meters adjacent to India, and there is concrete structure on the farm road. Therefore, in preparation for the accident, the defendant, the road management agency, has neglected to perform its duty of care to prevent the accident, such as fall, even though he did not install safety facilities, such as railing, etc., or neglect the concrete structure of the farm road. Thus, the defendant is liable to compensate the damages suffered by the plaintiffs.