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

Purport of claim and appeal

1..

around 15:00 on February 6, 2017, the Plaintiff was involved in an accident that the Defendant was deprived of tar and was faced with a freshed from the center of the floor after the Defendant was engaged in concrete building work, and was faced with a narrow sidewalk that was installed by the Defendant for the purpose of road construction work (hereinafter “instant accident”).

The Defendant did not take any safety measures while installing a food house at the accident site of this case and spreading tar at the accident site.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence 4 (including a paper number; hereinafter the same shall apply) and the fact that it was recognized prior to the occurrence of liability for damages as a whole, and the occurrence of liability for damages as a whole, the defendant who has performed road works on a decline road has a duty to take safety measures to prevent pedestrian accidents, such as creating a safe temporary pedestrian walking path or installing a sign to attract attention to pedestrians who have caused damage of tar and installed garment in the road.

Nevertheless, without taking such measures as above, the Defendant left away on the sidewalk that tar did not know about, and left away, and the Plaintiff was faced with the instant accident that became difficult to pass.

Therefore, the Defendant shall compensate the Plaintiff for damages caused by the instant accident.

In addition to the above-mentioned evidence, the court below held that the plaintiff did not fulfill his duty of care even though he had been able to know about the surrounding area or floor of the accident at the site of the construction site in the south of the site of the accident, and that the plaintiff did not perform such duty of care. The plaintiff's above mistake seems to have caused the accident of this case.

This situation is to be considered in calculating the amount of damages that the defendant should compensate, but the background of the accident.