beta
(영문) 창원지방법원 진주지원 2018.11.09 2017가단36754

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around 14:00 on August 13, 2017, while the Plaintiff driving a B Gakiki ZX-10-R Orala (hereinafter “the instant Oba”), one-lane of the hub section (hereinafter “the instant road”) in the front section of the Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun, Hacheon-gun (hereinafter “the instant road”).

(hereinafter referred to as the "accident of this case"). 【No dispute exists, entry of Gap evidence 1 through 3, and 6, Gap evidence 7-1 through 4, the purport of the whole pleadings and arguments.

2. Determination as to the cause of action

A. At the time of the Plaintiff’s assertion, there were parts that make up about 7 to 10 cent of the road surface of the instant road at the time of the instant accident. This constitutes the defect in the construction or management of the said road. Since the instant accident occurred, the part that the Oratob in the instant case gushes down, which was so short as seen above, the Defendant, a manager of the said road, should pay to the Plaintiff the sum total of the value of the wearing equipment, such as 28,910,000 won and consolation money and the sum total of 31,910,000,000 won and delay damages for the said accident, pursuant to Article 5(1) of the State Compensation Act.

B. In full view of the overall purport of each of the images and arguments by Gap evidence No. 5-1 to 10, the fact that there was a part of the road surface of this case at the time of the accident can be acknowledged. However, the evidence alone submitted by the plaintiff is insufficient to recognize that the accident of this case occurred because the plaintiff passed through the part of the above scrap metal as alleged by the plaintiff, and there is no other evidence to prove otherwise.

Rather, according to the result of the appraiser C's inquiry about the above appraiser, it is necessary to conclude this case.