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(영문) 청주지방법원충주지원 2019.12.19 2018가합6143

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

Around 23:00 on March 7, 2016, the Plaintiff was involved in an accident, plucking, plucking, and plucking, plucking, plucking, etc. (hereinafter “instant accident”) of a road, which was traveling on the tridge of his/her own vehicle in front of B, with a view to carrying golf bags on the tridge on the mridge of his/her own road (hereinafter “the instant accident”), and was transferred to C Hospital as a result of the diagnosis of the ploss and alleys, and accordingly, was transferred to C Hospital, and received a plosing, brupting, and bringing.

However, the above hole, which caused the instant accident, is a place where a vehicle can stop, and the road, which is a public structure, left alone without repair, was due to the fact that the Defendant, who is the managing authority of the said public structure, did not take necessary measures despite having taken prompt repair and safety measures therefor. Thus, the existence of such hole constitutes a defect in the construction and management of public structure.

Therefore, the defendant is liable to compensate the plaintiff for all damages caused by the accident in this case pursuant to Article 5 (1) of the State Compensation Act.

Specifically, with regard to the scope of compensation for damages, ① the period from March 7, 2016 to May 3, 2016 due to the above accident was hospitalized to the extent of the loss of labor capacity of 100% during the above period, and the age of 60 that became the retirement age from the next day, the actual income of 321,648,48 won due to the loss of labor capacity of 15% due to permanent disability, ② the medical expenses amounting to 4,606,34 won, ③ the consolation money amounting to 20,00,000 won, and the damages amounting to 346,254,82 won were incurred, the Defendant is liable to compensate the Plaintiff for the said damages.

Judgment

According to the evidence evidence No. 1, the Cheongju District Compensation Council established liability according to the Plaintiff’s application for compensation on September 28, 2018. However, it is recognized that the Plaintiff’s application amount was part of KRW 1,120,640, out of KRW 529,487,241 and KRW 1,120,640, and according to the witness evidence No. 8 to the witness evidence No. 10, according to the witness evidence No. 10, it is recognized that the Cheongju District Compensation Council established liability according to the Plaintiff’s application for compensation.