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(영문) 대전고등법원 2019.08.22 2019나11942
손해배상(국)
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The court's explanation of this case by the court of the first instance as to this case is identical to the part of the reasoning of the first instance judgment other than the written appeal as set forth in the following paragraph (2). Thus, it is citing this as it is by the main sentence of Article 420 of the Civil Procedure

(1) In addition, the first instance court's findings and judgments are justifiable, which limit the defendant's liability to 60 per cent on the ground of the deceased's negligence that caused the accident of this case and the accident of this case, and the defendant's fault in the construction and preservation of the bridge of this case, even if all of the evidence presented by the first instance court and this court were examined, the accident of this case was caused by the defect in the construction and preservation of the bridge of this case, and thus, the defendant is liable for compensating the deceased and the plaintiffs for damages caused by the accident of this case, and the court of first instance, which limits the defendant's liability to 60 per cent on the ground of the deceased's negligence that caused the occurrence of the accident of this case and the expansion of damages). The part of the first instance court's judgment, which was used for the

Part 6 of the judgment of the court of first instance shall be referred to as "unentryable" in Part 7 as "unentryable".

Article 17, Paragraph 1, Article 17, Paragraph 1, of the Rules of this case shall be applied to "Article 17, Paragraph 1, of the Rules of this case" in Part 8, Section 13 of the first instance judgment.

Part 10 of the first instance judgment, "However, it is mandatory to wear a sprink bicycle riding," pursuant to Article 50 (4) of the Road Traffic Act amended by Act No. 15530, Mar. 27, 2018, and the above provision was enforced from September 28, 2018, which was after the accident of this case, pursuant to Article 1 (2) of the Addenda of the Road Traffic Act. However, it was stated that "However, it was enforced from September 28, 2018, after the accident of this case occurred."

Part 13 of the judgment of the court of first instance, part 5 and 6 of the judgment "the date of this judgment" shall be appointed as "the date of the judgment of the court of first instance".

In conclusion, the plaintiffs' claims are justified within the scope of the above recognition, and all of the remaining claims are dismissed due to the lack of reasonable grounds.

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