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(영문) 광주지방법원 2021.02.10 2020가단507583
손해배상(국)
Text

1. The Defendant’s KRW 3,168,521 as well as the Plaintiff’s KRW 5% per annum from May 9, 2018 to February 10, 2021.

Reasons

1. Basic facts

A. On May 9, 2018, the Plaintiff was running along a bicycle riding along the Seo-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Gwangju Metropolitan City on May 14:12, 2018, where there is a difference in the latter part of the front door, and the accident beyond the above bicycle has occurred (hereinafter “instant accident”). (C)

Pursuant to Article 9 of the Local Autonomy Act, the defendant is responsible for the construction and maintenance of local roads and Si/Gun roads.

[Grounds for Recognition] Unsatisfy, Gap evidence 7, Eul evidence 1, each video (including each series of copies), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant, a road management authority, failed to repair the part that could interfere with the safety driving, such as the above part of the vehicle, and thus, there was a defect in the construction and management of the road. Accordingly, the accident of this case occurred.

The plaintiff was diagnosed by the accident of this case, such as "two duness of the two dunes and dus of the dus of the dus of the two dus of the two dus of the two dus of the plaintiff, and thereafter the plaintiff continued to receive the treatment

Article 5 (1) of the State Compensation Act provides that the State or a local government shall compensate for any loss inflicted on another person due to defective construction or management of roads, rivers, or other public structures.

shall compensate for damages suffered by the plaintiff according to this paragraph.

B. The damages sustained by the Plaintiff due to the instant accident are 12,401,335 won in total as follows.

Items 3,557,670 medical expenses for non-items 3,843,665 1st day to June 13, 2018, which requires the opening of one person for eight hours and one person for eight hours and one day from May 9, 2018 to June 13, 2018. 5,000 consolation money

3. Determination

A. (1) In the event of the occurrence of liability for damages, the defect in the construction or management of the public structures as stipulated in Article 5(1) of the State Compensation Act is in the state of failing to meet the safety requirements that the public structures should normally have in accordance with their use.

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