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(영문) 창원지방법원 2018.08.30 2017나61758
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, including the plaintiff's claim extended at the trial court, is as follows.

Reasons

1. Facts of recognition;

A. A purchases B 25.5 tons of dump truck (2.015m in length, 2.495m in width, 13,840m in weight, 540m in strings, 12 in total, including 4 strings and number of strings and strings, 12 in total; hereinafter “instant truck”) and directly operates and operates it until September 23, 2016 after completing the ownership transfer registration under the name of the Plaintiff (A operates a limited company C).

A on July 10, 2017, carrying the scrap iron of 24,760km on the instant truck in this case and moves from the Nari-ri side of Kim Sea to the Gao-ri, the upper Myeono-ri, the upper Myeono-ri, Kim Sea.

The Ethro (hereinafter referred to as the “instant road”) in Kimhae-si, the road was passed by the Ethm (hereinafter referred to as the “instant road”), while the steel lids located on the said road divided into the lower pressure of the said truck into the lower pressure of the truck, the lower part of the truck was damaged, and the lower part of the third column was severely damaged on the basis of the driver’s seat.

As a result, the truck of this case is unable to operate the vehicle according to its condition, and 46,612,264 won (including value-added tax) is required to be repaired at its cost.

C. The instant road is a State-funded local highway (Korean national map) installed and managed by the Defendant, and is 3 meters wide from one lane (proking two lanes), and the said Manle is installed on a white side display line, which is set up on a small right side from the center of the truck driving direction to a small right side, and the diameter is approximately 64.8cm.

Before the accident, the asphalt around the Manlele has already been destroyed due to the pentle of the Manle, and the body of Manle has not been completely fasted on the road floor. Accordingly, there was a risk that the pressure and the half of the vehicle can be protruding off.

A public official belonging to the defendant shall be called up after receiving a report from A and confirm the site, and the procedure for applying for compensation to A.

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