(영문) 인천지방법원부천지원 2016.09.06 2015가단110685

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(영문) 인천지방법원부천지원 2016.09.06 2015가단110685

국가배상청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant installed a part of India on both sides of B (an attempt to link Csast to Dsastro) as a combined road for bicycles and pedestrians under the Act on Promotion of the Use of Bicycles.

B. The part abutting on E building and F road in the instant case also includes a two roads consisting of bicycles and pedestrians with a width of 270 cm. The end of the bicycle road has two posts to prevent the entry of the two automobiles (one bllar; hereinafter “the instant bllar”).

The diameter of the instant visible is approximately 16 cm (20 cm part of the floor), approximately 78 cm from the ground, and the height of both beams is about 130 cm from the ground, and the distance of both beams is about 130 cm, the outer fee was made of HDE (high density polyethylene), and the inside was made of lerax, and three reflect tapes for identifying are attached to the Borade.

C. On June 23, 2015, around 14:50 on June 23, 2015, the Plaintiff driven a bicycle on a combined road for bicycles and pedestrians in the vicinity of the E building and F road. On the other hand, the Plaintiff was faced with the head on the ground, going beyond the shock on the instant visible road installed at the end of the said road.

(hereinafter “instant accident”). D.

The Plaintiff, owing to the instant accident, sustained injuries, such as an external wound and external cerebral cerebrovascular, and continued to be hospitalized in a state where it is impossible to lead a daily life without nursing personnel, such as an independence, meals, bath, etc.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 4, 5, 18 evidence, Eul’s 1 through 3 (including a serial number) and the purport of the whole pleadings

2. The plaintiff alleged that the plaintiff suffered the accident of this case due to the defects in the defendant's installation or management of the Bodrid, and pursuant to Article 5 (1) of the State Compensation Act, the plaintiff's argument against the defendant 154,986.

참조조문

-국가배상법 제5조 제1항

-자전거 이용 활성화에 관한 법률

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