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(영문) 대전지방법원천안지원 2016.11.30 2015가단18820
손해배상(기)
Text

1. The Defendant’s KRW 14,533,325 with respect to the Plaintiff and KRW 5% per annum from July 7, 2014 to November 30, 2016, and the following.

Reasons

1. Facts of recognition;

A. On July 7, 2014, at around 13:45, the Plaintiff suffered from the 20-meter radius from the bus platform of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon Metropolitan City, in order to get a taxi on the side of the road at a point that is located on the side of the road to board a taxi at a point that is about 20-meter away from the moving direction of the vehicle, and the Plaintiff suffered from the heart heat that requires four weeks of treatment on the left side of the bar where the steel cover cover is opened at a point that was installed on the side of the didine.

(hereinafter “instant accident”). (b)

The Plaintiff immediately sent back to the Yancheon-do University Hospital and received surgery and hospitalization by July 17, 2014. However, on the left side of the bridge, approximately 30 cm away.

C. At the location of the instant accident, a sign prohibiting parking and stopping is installed, and the Defendant is the installer and manager of the road at the location of the instant accident.

[Ground of Recognition] The facts without dispute; Gap evidence Nos. 2 through 6, and 10; Gap evidence No. 1; Eul evidence No. 1; Eul evidence; the result of the commission of physical examinations to the head of the Macheon-do Hospital at the Macheon-do University (hereinafter “the result of physical examinations”); the purport of the whole pleadings

2. For the purpose of Article 5 (1) of the State Compensation Act, the term "public structures" means corporeal or physical facilities which have been granted by the State or local governments for specific public purposes, including cases where the State or local governments manage by ownership, lease and other powers, as well as cases where the State or local governments are actually managing by ownership, lease and other powers, and the term "construction defects" means that the public structures which have been granted for public purposes have not been in the state of safety which have to have been ordinarily prepared for their purposes;

(see, e.g., Supreme Court Decision 98Da17381, Oct. 23, 1998). Although the accident location in the instant case is a zone subject to the prohibition of parking and the pedestrian’s walking is not permitted, the road is likely to run by motor vehicles or pedestrians at any time as public structures offered for general traffic.

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