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(영문) 서울중앙지방법원 2016.04.07 2015나2644
구상금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the statement on the "1. Basic Facts" of the reasons for the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the standing signboard of this case is installed in the exit of the party room with crosswalks, and the citizens using the party room use the crosswalks, causing them to cross the road behind the entrance signboard of this case, and not only encourage them to cross the road after the entrance signboard of this case, but also increasing the risk of traffic accident by preventing those who drive the vehicle in the front side of the standing signboard of this case with too large size of the standing signboard of this case from discovering those who attempt to cross the road after the entrance signboard of this case. Although the defendant who occupies and manages the standing signboard of this case had removed the above risk by changing the location of the standing signboard of this case or reducing the size of the signboard of this case, the defendant provided the cause of the accident of this case because he did not take any safety measures, and the ratio of negligence is at least 40%, and thus, the defendant should pay the amount equivalent to the defendant's fault with the driver and the defendant jointly with the driver of this case, due to the defect in the installation and preservation of the standing signboard of this case.

B. Therefore, the question of whether there is a defect in the installation and preservation on the instant standing signboard, and the defect in the installation and preservation of a structure under Article 758(1) of the Civil Code refers to a state in which the structure is in a state of failing to meet the safety which must be ordinarily equipped according to its use. In determining whether such safety has been met, the installer and the preservation of the structure in question shall be the structure.

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