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(영문) 울산지방법원 2014.02.14 2013가단5885

손해배상(기)

Text

1. The defendant shall pay to the plaintiff KRW 31,310,075 as well as 5% per annum from October 26, 2012 to February 14, 2014 and the next day.

Reasons

1. Basic facts

A. On October 26, 2012, the Plaintiff suffered injury, such as pressure breaking and damage to the part of trees, by a publicity material in the shape of a insignia installed by the Defendant on the side street, etc. of the above crosswalk, while the Plaintiff passed the crosswalk near Ulsan-gun D, Ulsan-gun, Ulsan-gun.

B. The above promotional materials are installed on the street, etc. at a height of 1.3m and 2.2m above the insignias by cutting plastic 60cm wide, 90cm above the insignias, and the above street lights are installed at a height of 1.3m below the insignias and 2.2m above. The above street lights are connected to the flowers installed in India, while maintaining a distance of 6m below the neighboring crosswalks, and installation was prohibited under the relevant laws and regulations.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 9, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the above promotional materials are illegal promotional materials installed below people's height in the vicinity of the crosswalks where pedestrians' passage is frequent, and it is judged that there was a risk of inflicting bodily injury on pedestrians in the material or form of plastic, insignias, and the installed location thereof. The plaintiff is judged to have suffered the above injury because the danger is realized and the plaintiff suffered the above injury. Thus, the defendant is liable as a manager to compensate for the damages suffered by the plaintiff due to the above installation and management error.

B. Limit of liability: Provided, That the plaintiff, even though walking along the above promotional materials, did not err by failing to properly examine the risk, and should limit the defendant's liability to 80% by taking into account all other circumstances, such as the time during which the accident occurred.

3. In principle, a period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than a month shall be included in the side on which the appraised value is less than a month, and less than a won and less than a last month shall be discarded, and the present price shall be calculated at the time of the accident of the amount of damages by the simple discount method which deducts intermediary interest at the rate of 5/12 per month.