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1. The Defendant: (a) against Plaintiff A, the amount of KRW 28,177,952, Plaintiff B, C, and D, KRW 16,418,634, and each of the said amounts.
Reasons
1. Basic facts
A. At around 23:00 on July 29, 2014, E, a bicycle lane managed by the Defendant (hereinafter “instant bicycle lane”) was separated from the bicycle lane near the elementary, middle, and high school in the middle, in the middle, in which the Defendant was driving from the Dogri-ri side of the Dog-Eup in Gwangju City, and fell into a river below 1.8 meters (hereinafter “accident”), and was found to have been caused by the head on the river floor around 05:45 on July 30, 2014.
B. The plaintiff A is the wife of E (hereinafter "the deceased"), and the plaintiff B, C, and D are the children of the deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 10-3 through 6, the purport of the whole pleadings
2. The parties' assertion
A. Among the instant bicycle lanes asserted by the plaintiffs, the accident location of the instant bicycle lane is highly likely to fall a river below 1.8 meters high abutting on the left side of the bicycle lane, and thus, the Defendant managing the instant bicycle lane is obligated to prevent accidents by installing a protective fence, etc. at the accident location, checking the state of street lamps installed at the accident location, etc.
Nevertheless, the defendant is negligent in failing to perform his/her duty to manage the bicycle lane of this case by neglecting the condition of street lamps, etc., and due to the occurrence of the accident of this case, the defendant is liable to compensate the plaintiffs for the damages suffered by the deceased and the plaintiffs due to the accident of this case.
B. The point of accident among the bicycle lane of this case asserted by the defendant is about 0.25% gradient, and since the road is in fact a bend and bend in the left side, it cannot be deemed as a place with a high risk of falling accidents. Even in accordance with the facility standards and management guidelines for bicycle lanes, the place where the protection fence is installed.