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(영문) 의정부지방법원 2015.07.10 2014가단26835
손해배상(기)
Text

1. The Defendant’s KRW 39,598,504 as well as the Plaintiff’s annual rate of KRW 5% from September 28, 2013 to July 10, 2015.

Reasons

1. Basic facts

A. On September 28, 2013, at around 22:16, the Plaintiff: (a) placed a report (hereinafter referred to as the “instant report”) published in the same direction as a white scrode on the screen of the image of the screen of current status as the attached Form, which was crashed by an open concrete draining (hereinafter referred to as “instant multiple”) located on the left side of the instant report (hereinafter referred to as “instant accident”) with approximately two meters away from the top of the instant report (based on the direction of the Plaintiff’s proceeding; hereinafter the same shall apply); and (b) sustained the injury of the first round of the instant report.

B. The Defendant is the installer and manager of the instant news report and drainage channel.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 5-1, Gap evidence 7, Gap evidence 8-1 through 3, Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the left side of the sidewalk of this case has a high height of about 2 meters open channel, and the defendant managing the report of this case had a duty of care to prevent fall, such as installing street lights and safety fences around the drainage channel, but did not install street lamps without installing safety fences around the drainage channel. Accordingly, the plaintiff walked the report of this case at the night of the port where there is no monthly light, and caused an accident.

As such, the structural problem of the instant news report and drainage system constitutes a defect in the construction or preservation of public structures, the Defendant is obligated to compensate for damages suffered by the Plaintiff due to the instant accident, who is a local government managing the instant news report and drainage system, as a public structure.

B. The Defendant’s assertion that safety fences were installed between the instant news report and the drainage, and the security lights were installed at the point of the instant accident, so it cannot be said that there was a defect in the instant news report and the drainage, rather, the instant accident.

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