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(영문) 광주지방법원 순천지원 2018.12.13 2017가단74297

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 20, 2017, Plaintiff A, on board a bicycle at around 14:00 on May 20, 2017, driving the bicycle on the h apartment room in the G apartment room of G apartment at the H funeral hall, and driving the bicycle as a concurrent road for bicycles and pedestrians, and suffered injury, such as an internal wall frame, and a closure of the marlet, which was exceeded the vicinity of the net point of “J” in 1,000.

(hereinafter referred to as the "accident", and the section of the bicycle lane in which the accident occurred shall be referred to as the "the bicycle lane of this case".

Defendant E is the owner of the instant bicycle lane that obtained permission to occupy and use a part of the instant bicycle lane from the net market for the entry of construction vehicles in the course of constructing a new building on the land adjacent to the instant bicycle lane. Defendant F is the construction business operator that executes the construction of the said building (hereinafter “the instant construction”), and Defendant Ycheon City is the local government that constructs and manages the instant bicycle lane.

C. Plaintiff B and C are the parents of Plaintiff A.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 4 (including paper numbers) and the purport of the whole pleadings

2. The plaintiffs asserted that in the construction process of this case, sand or soil was scattered and left unattended on the bicycle lane of this case. Accordingly, they asserted that the accident of this case occurred since the bicycle of this case was cut off by the plaintiff Gap, the defendant e/F, who was the installer and manager of the bicycle lane of this case, shall execute the construction of this case and obtain permission to occupy and use the road of this case, shall pay to each of the plaintiffs the amount claimed as compensation for damages (for the plaintiff Eul, the amount of damages for losses, the daily income, king treatment expenses, the sum of future treatment expenses, consolation money, the sum of consolation money, and the damages for the plaintiff Eul and C).

3. As to the defense of this safety, Defendant Netcheon does not directly cause the instant accident to be sand or soil, and as to the road on which the permission to occupy and use the road was granted, the person granted the permission shall bear the responsibility for the road.