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(영문) 서울중앙지방법원 2016.08.18 2016나10154

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the pertinent part, except that the court’s “this court” as stated in section 3 and 4 of the judgment of the court of first instance is deemed to be “the court of first instance,” and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The court's explanation on this part of the plaintiff's assertion is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except for the case where the court saw the third to nine from the third to nine from among the grounds of the judgment of the court of first instance as follows. Thus, this part shall be cited in accordance with the main sentence

[A] The part of the construction work of this case is a construction business operator performing the construction work of this case, and the defendant has a duty of care to check from time to time whether the installed plastic transit has invadedd the passage of the vehicle on the road by taking measures such as gathering sand or water from plastic transit and connecting it with a strings, etc. with a solid string, etc., for the purpose of distinguishing the roads under construction work and the roads where vehicles can progress.

3. The following circumstances, which are acknowledged as being comprehensively taken into account the facts recognized as above, Gap evidence Nos. 4 through 8, Eul evidence Nos. 3 and 4, and the purport of the entire pleadings, namely, ① plastic transit installed by the defendant appears to have been connected with one another with the string of the pleadings, and when the police investigation of B, a driver of the bus of this case, stated that the weight was insufficient when putting plastics in the plastic box after the instant case, ② the vehicle first discovered that is far from the course of plastic transit after the accident, was driven slowly without stopping, ③ the vehicle which was discovered after the first discovered vehicle stops without shocking with the first vehicle.