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(영문) 대구지방법원 2014.02.06 2012가합6800
손해배상(기)등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 13, 201, the Plaintiff driven the instant vehicle at around 21:45 minutes and around 49cc occ (hereinafter “instant vehicle”) and proceeded in the direction of the rest-down rest area in the direction of the office of environmental facilities located in Pyeongnam, Nam-gu, Busan through the 69mn-do Donn-do 69mn-do Don-ro (hereinafter “instant road”).

B. The instant vehicle driven by the Plaintiff was transferred back to the left side of the instant vehicle by shocking the protective fence installed at the edge of the opposite lane beyond the center line (hereinafter “instant accident”).

For this shock, the Plaintiff left the instant vehicle, and felled into the waterway below about 5 meters above the protective fence, and suffered injuries, such as the lecture spawn, etc.

C. The defendant is a local government that installs and manages the road of this case.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. While driving the instant vehicle on the right side of the road, the Plaintiff asserted that the instant vehicle was affected by the instant accident on the wind to rapidly manipulate the instant vehicle and the Hand.

Although the Defendant, a manager of the instant road, maintains and manages the instant road so that the vehicle traveling along the instant road can safely pass, the Defendant did not install lighting devices and safety facilities signs, or protective walls to prevent accidents from entering the instant road, which can be seen in advance, and prevent accidents. ② Although the instant road falls under a bridge, the Defendant did not install a rail, etc. to prevent fall.

Therefore, the Defendant suffered damages from the Plaintiff due to the instant accident, as the instant road lacks safety necessary for vehicle traffic.

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