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(영문) 부산지방법원동부지원 2015.08.18 2014가단16069
손해배상(기)
Text

1. The defendant,

A. Plaintiff A: (a) KRW 8,030,357 and KRW 4,205,530 among them, respectively, shall be from April 1, 2015; and (b) KRW 824,827.

Reasons

1. The following facts are acknowledged according to the respective descriptions of Gap evidence Nos. 1 to 6, Eul evidence Nos. 1 to 7 (including each number), and the purport of the whole pleadings:

A. The defendant is a manager of the E road located in Busan Shipping Daegu D (hereinafter “instant road”), and the gradient of the said road is about 16%.

B. Of the instant roads, the Defendant concluded a contract for the construction of the mountain field company, which was set up in the vicinity of the Busan Shipping Daegu F apartment (hereinafter referred to as the “instant overspeed”) and had the said company conduct an overspeed coloring work.

C. However, as seen above, the surface of the speed prevention threshold, which had been finished the coloring work, was cut off on May 26, 2014, and the criminal defendant did not take necessary measures, such as on-site verification, even though the witness filed a civil petition to the defendant by contact the defendant.

Plaintiff

A, among the rain coming from May 28, 2014, was over 16 weeks after the upper part of the speed limit of this case, and suffered from the right-side strekes that require medical treatment for 16 weeks.

(hereinafter “instant accident”). E.

On May 29, 2014, the Defendant came to know of the instant accident at the time of receiving a civil petition regarding the instant speed prevention threshold, and on May 30, 2014, the following day, the Defendant, on May 30, 2014, ordered the Han River Construction Co., Ltd. to do color work to prevent the said speed prevention threshold.

F. The plaintiff B and C are the parents of the plaintiff A.

2. Occurrence of liability for damages;

A. The defendant, as the managing body of the road of this case, established a speed prevention threshold which is not adequate for the prevention of the speed (see Article 2.4.2 of the Guidelines for the Installation and Management of Road Safety Facilities, e.g., the part of the speed prevention) and civil petition as to the speed prevention.

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