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(영문) 전주지방법원군산지원 2013.10.30 2012가단17689
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 12, 2012, the Plaintiff driven a B car volume at around 22:00, and proceeded along one lane of the following mountain-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-presidential-pock on the right side. To avoid this, the Plaintiff discovered

(hereinafter “instant accident”). (2) The Plaintiff suffered injury, such as the sofetal fetal fetites to the left-hand side, the right-hand luminous bones, and the sofetites to the upper-hand side.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. The plaintiff's assertion that the accident of this case was neglected in plastic drums on the expressway in which the accident of this case occurred constitutes defects in the preservation and management of the above expressway, and the defendant is responsible for compensating for damages suffered by the plaintiff as the manager of the above expressway (8,528,5526 won for future treatment costs of KRW 8,528,552).

3. Determination

A. Determination criteria shall be determined specifically in accordance with social norms by comprehensively taking into account all the circumstances such as the location of a road, road structure, traffic volume, traffic conditions at the time of an accident, etc., including the original purpose of use, and the location and shape of a physical defect. If a traffic safety defect, which is the original purpose of the road, is discovered by an act of a third party after the construction of the road, the preservation defect of the road shall not be recognized merely on the ground that such a defect has been discovered, and all the circumstances such as the structure, location, environment, and status of use of the road shall be considered.

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