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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On May 5, 2012, at around 15:30, the Plaintiff: (a) boarded a bicycle track on the south side of a riding boat in Incheon, along with a pedestrian guard; (b) on the part of the Incheon, the Plaintiff went beyond the front wheels of the bicycle on the top of the size of two adult drinking foods located far from the direction of the Plaintiff of the instant road (hereinafter “instant stone”).
(hereinafter “instant accident”). (b)
The defendant is the manager of the road of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 3-2 video, part of witness B of the first instance trial, the purport of the whole pleadings
2. Whether liability for damages arises;
A. The plaintiff's assertion that the defendant, as a manager of the road of this case, has a duty to take measures, such as installing facilities to prevent falling rocks, etc. from falling on the bicycle lane from falling on the side of the road of this case. However, he neglected this duty and caused the accident of this case by the stone of this case away from the bank of this case. Thus, the defendant shall compensate the plaintiff for the damages suffered by the plaintiff due to the accident of this case.
B. The key issue of the instant case is whether the instant accident occurred due to the Defendant’s defect in road management.
The defects in the installation and preservation of structures under Article 758(1) of the Civil Act refer to a state in which structures do not have safety ordinarily according to their intended purposes. In determining whether such safety has been secured, the determination shall be made based on whether the installer and the custodian of the relevant structures fulfilled the duty of protection and protection to the extent generally required by social norms in proportion to the risk of the relevant structures. The defects in the installation and management of roads, which are structures, shall be based on the location of the roads, structure of the roads, volume of traffic at the time of accidents.