손해배상(기)
1. All appeals by the plaintiffs and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the judgment of the first instance, except for the addition under paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. The judgment on the plaintiffs' assertion is added following the 7th page of the first instance judgment.
The plaintiffs asserted that the defendant, who is the owner manager of the above street lamps, is liable for compensation for damages caused by the death of the deceased, because the street lamps located at a place less than about 40 meters away from the accident site of this case (hereinafter referred to as the "road lamps of this case") were left away at the time of the accident, and the accident occurred because they were left alone.
The fact that the defendant did not pay the street of this case even though he was aware that the street of this case was a novel for about one month, there is no dispute between the parties.
However, the statements in Gap evidence Nos. 3, 4, and 5 are considered as a whole to the purport of the entire pleadings, i.e., the following circumstances, i., ① the deceased did not make a move-in report at the place where he was living at the time, and it was difficult to deem that the defendant had a duty to install a street, etc. for the night pedestrian safety of the deceased at the vicinity of the accident site in this case. ② The street, etc. in this case appears to have been installed for the night pedestrian safety of 3 to 4 households under the location where the street, etc. is installed, ③ The light of the street, etc. in this case is merely about 25 meters at the 3th of the horizontal wave, and the distance between the street, etc. in this case and the point of accident is about 40 meters, even if the street, etc. in this case was occupied by the street, etc. at the time of the accident and the point of accident.