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(영문) 광주지방법원 2015.01.07 2014나52458
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 1, 2010, at around 19:15, the Plaintiff driven a Poter B (hereinafter the instant vehicle) owned by the Plaintiff at a rate of 0.14% of alcohol content, and the Gun also, which is one-lane of the speed near Yongnam-gun C, Youngnam-gun, was proceeding from the Doporogate to the Dopogate. The said branch began from the straight line to the Doporogate, and the Doporo was installed at the 24m, the middle, 12m, 40m, 76m in total at the Doporogate (hereinafter the instant protective fence) depending on the bend road.

(However, there was no continuous connection between them).B

The Plaintiff received the front part of the driver’s seat and the front point of the protection fence of the instant vehicle from the front part of the driver’s seat of the instant vehicle as they were, and caused the Plaintiff to suffer open pulverization of the instant vehicle, such as the instant 2, 3 resin marr, annual installments loss in the right lower part, and light bridge.

C. Defendant Young-gun is the installer and manager of the foregoing Gun line 9, where the instant accident occurred.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 21 and 22, and the purport of the whole pleadings

2. The Plaintiff’s assertion fence was defective as follows, without complying with the standards set forth in Part III of the former Guidelines for the Installation and Management of Road Safety Facilities (Enforcement and Enactment of the Ministry of Land, Transport and Maritime Affairs No. 136, Nov. 11, 2009) (hereinafter “instant Guidelines”). Since the above defects were caused by the occurrence and expansion of the instant accident, Defendant Young-gun and the supervisory authority, which are Defendant Young-gun, the road management authority of the instant road, and Defendant Jeonnam-do, the supervisory authority of the instant road, jointly and severally for the Plaintiff, KRW 189,324,462 [=37,648,648,925] of the Plaintiff’s damages incurred by the instant accident (=64,763,763,101 won for the treatment expenses of the Plaintiff (= KRW 64,59,536,276 won for future treatment expenses, KRW 9,349,548,000]

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