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(영문) 대전고등법원 2019.09.19 2019나12013

손해배상(기)

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The grounds for appeal by the plaintiffs who cited the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted to the court of first instance is examined, it is right to recognize and determine the facts

Therefore, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, because it is identical to the reasoning of the first instance judgment, except as follows.

There was a group of 3rd parallels “The start of 4th parallels”, and the starting point was entered into the E Report, and he was in turn.

The deceased shall take the 3rd side of the 8th class “the Deceased due to the defect,” “The Deceased, owing to the defect, is walking a report.”

4. The 4th parallel "on the other hand, there is a difference," and the starting point of E stairs is entering the sidewalk.

The 5th parallel 9th parallel 11th parallel shall be as follows:

(E) From 00:18:00 to 00:18:42 of CCTV (the result of a fact-finding on the Chief of Chungcheong Police Station at the court of first instance) containing the surface of the instant accident (as a result of a fact-finding on the Chief of Chungcheong Police Station at the court of first instance), the deceased left the said report from the side of the I pharmacy to the stairs of this case, and changed the direction of returning the body to the stairs of this case.

It is difficult to view that the deceased goes beyond the direction of walking along the above report.

The instant stairs were knife and pents on one side, but this was installed in the instant report in the form of “bb” like the red line on the right side of the instant stairs. If the Deceased, coming from the right side of the instant report to the left side, coming from the starting point of the stairs protruding to the left side, then it would not be said that the part coming from the direction to the right side of the stairs, which started to be protruding to the E sidewalk, is pents, and it would not be reduced to the lower stairs.

In light of these circumstances, the Deceased is a stairs in walking a sidewalk.