손해배상(자)
1. The Defendant: (a) KRW 187,285,122 to the Plaintiff; and (b) 5% per annum from May 28, 2012 to April 17, 2015 to the Plaintiff.
1. Occurrence of liability for damages;
A. The facts of recognition 1) On May 28, 2012, the Plaintiff is a place where the surface of a asphalt packed was dispatched while driving a stopba in 14:33 on May 28, 2012 and driving a stopba and driving a national highway No. 3 prior to C, which was located in stop B, was going to be a stopba (so-called “stop");
hereinafter referred to as “instant Art Hall”
(1) The instant accident was caused by the collapse of balance and the head on the road (hereinafter referred to as “instant accident”).
(2) As a result, the Plaintiff suffered from injury to the twolleys, external cerebrovascular, and external marrosis, etc.) The instant accident is the primary national highways of the way managed by the Defendant. The instant Art Hall is composed of approximately 1/3 points from the right side of the lane in the direction where the instant accident occurred, and it seems not easy to avoid it. In light of its size, form, etc., it is difficult to deem that the instant Art Hall occurred immediately before the accident to have occurred.
Finally, when the defendant performs maintenance works on the above roads, it is ten days or more from the date of the occurrence of the instant accident as of May 15, 2012 to May 16, 2012.
[Ground of recognition] Facts without dispute, Gap 1, 2, 10, 18 evidence, Eul 1, 3 and 4 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings
B. According to the above facts of recognition of liability, there are defects in the construction and management of the road where the accident of this case occurred, which are not equipped with safety ordinarily according to its purpose, and the accident of this case occurred. Accordingly, the defendant, who is the manager of the above road, is liable to compensate for the damages suffered by the plaintiff due to the accident
C. However, according to the above evidence, it is recognized that the Plaintiff, as well as the Plaintiff, has driven the above motorcycleba without obtaining a motorcycle driver's license, did not have any safety gear such as the safety cap at the time, and neglected to do so.