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(영문) 서울중앙지방법원 2016.05.19 2015나39752

구상금

Text

1. Revocation of a judgment of the first instance;

2. The Defendants jointly share the Plaintiff KRW 98,612,097 as well as the Plaintiff on June 11, 2014.

Reasons

1. Grounds for this Court’s explanation concerning this part of the facts are as follows: 1. Reasons for the judgment of the first instance court.

Along with the addition of each description or image of the evidence of Nos. 17 through 37 to the grounds for recognition as follows, the corresponding part of the reasons for the judgment of the court of first instance is the same as that of the judgment of the court of first instance. As such, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【The instant road’s width was 10-11 meters from the first line road, which is a one-way road with no delivery delivery. However, in Gyeonggi-do on May 19, 2005, the condition was attached to the extension of the said road’s width to 15 meters due to concerns over traffic congestion due to the increase of traffic volume while granting approval for the project for the nearby hard-burgg group, and thus, the Defendant Gwangju-si decided to extend the said road’s width to 17.5 meters through necessary administrative procedures, such as the gathering of residents’ opinions. On December 8, 2011, the Defendant Seo-si concluded an agreement to confirm and pack approximately 3.4 km from the road including the Defendant Seowon Co., Ltd. and the point of the instant accident, including the point of the instant accident. (The Defendant Gwangju-si is responsible for the administrative procedure support, the land and the compensation for obstacles, and the design services and the construction of the facilities of the Plaintiff.

) Accordingly, the construction of the road was completed from May 20, 2013 after Defendant SBBB obtained the authorization of the implementation plan for urban planning facilities on December 8, 2012, and as a result, the construction was completed to expand the road to the second line at the time of the instant accident (However, the India New Construction Project was not completed.

) The road was opened for the vehicle to pass.

2. Determination

(a) To examine the determination of the cause of the claim, the road management agency, which is a public structure, bears the duty to install and manage roads in such a way as to ensure that such roads meet normal safety according to their use, and to supply and demand construction such as maintenance, repair and expansion from the road management agency, and to achieve the purpose of the construction, the road is occupied and managed.