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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On October 10, 2015, at around 01:00, the Plaintiff left a vehicle operated by the Plaintiff’s husband and stopped on the D’s front of the gas station located in C in the general national highway (hereinafter “instant road”) in order to move to the toilet.
The plaintiff entered the above station to use the toilet, but the gas station door could not use the toilet. In order to find the toilet, the plaintiff felled into the ditch outside of the road due to the edge of the road of this case.
(hereinafter “instant accident”). (b)
The Plaintiff suffered injuries, such as the saf, safinite saf, safinites, tensions, etc., due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 8, 9 (including each number), Eul evidence No. 2, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is the managing body of the road of this case.
The road of this case is a section adjacent to ditches, and the edge part of the road is narrow and the height of the road is considerably different, and thus, the road of this case generally falls under the section where pedestrians or bicycles are expected to fall easily, and there is a street protection fence or pedestrian protection fence installed to prevent the fall of pedestrians or bicycles.
Although the defendant is obliged to install a protective fence, there is a defect in the construction and management of public structures in violation of this duty, and the plaintiff also flick at night, depending on the edge of the road, the accident of this case occurred. The defendant's responsibility corresponds to 80%.
Therefore, the Defendant’s total damages incurred to the Plaintiff due to the instant accident [23,720,890 won [23,720,890 won (=29,651,113 won = lost income = 25,652,943 KRW 3,598,170) equivalent to the Defendant’s liability ratio among property damages].