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(영문) 의정부지방법원 2015.02.05 2013가단52363

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On September 19, 2013, at around 23:00, the Plaintiff driven a Bosch Rexroth (hereinafter “the instant accident vehicle”) owned by the Plaintiff and proceeded with one-lane road near the Namyang-si (hereinafter “the instant accident”) from the west-si bank of Geumyang-si to the Gubong Village, the accident occurred that the said vehicle was damaged (hereinafter “the instant accident”).

B. Meanwhile, on May 29, 2013, Defendant Republic of Korea (Jurisdiction: the Government Land Management Office of the Ministry of Land, Infrastructure and Transport under the jurisdiction of the Ministry of Land, Infrastructure and Transport) concluded a construction contract under which Defendant Mine Comprehensive Construction Co., Ltd. (hereinafter “Defendant Mine Comprehensive Construction”) concluded on May 29, 2013 with regard to the roads around the 37th line of the national highways including the above roads, on May 31, 2013; and on August 28, 2013 (the date of completion is changed to September 27, 2013); thereafter, Defendant Mine Comprehensive Construction Co., Ltd. (hereinafter “Defendant Mine Comprehensive Construction”) requested for the payment of the price for the remaining construction works in the Republic of Korea on September 16, 2013.

C. At the time of the instant traffic accident, the package was completed at the location of the instant car accident, and the road boundary line on which the main line and the side side are divided was visible.

[Ground of recognition] Uncontentious facts, Gap evidence 1, Eul evidence 4-1 through 8, Eul evidence 1, 2, 4, and 5, Eul's records and images, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The Plaintiff’s assertion is a blord channel where the traffic accident location of the instant case is north, and the width of the instant case is narrow.