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(영문) 서울남부지방법원 2017.02.03 2016나56798
구상금
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. Grounds for this court's explanation for the acceptance of the judgment of the court of first instance are "4."

B. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for cases where the Plaintiff’s judgment on the Plaintiff’s assertion was modified and determined differently as set forth in paragraph (2) below.

2. The portion determined differently from the first instance court;

B. In light of the Plaintiff’s findings and evidence, the accident of this case occurred at the point where the central separation zone begins immediately after passing through the intersection, and the front part of the central separation zone installed with plastic tanks and did not have shock absorption facilities as stipulated in the Guidelines for Installation and Management of Road Safety Facilities. However, as to whether this is a defect in the construction or management of the road, the following are recognized through health stand, the above recognition, and the evidence No. 1 through No. 9, and the overall purport of oral pleadings, and the following: ① the road at which the accident of this case occurred is marked at a two-lane speed of 80 KK at the time of passing through the intersection, and the two-lane road is installed at a two-lane speed of the road before and after the occurrence of the accident at the point of the accident, and the driver’s right-hand turn-hand turn-hand turn-hand turn-hand turn-on at the center of the road at the time of the accident, and it is also difficult for the driver to open the road at the intervals of this case.

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