beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 22, 2012, around 22:30, the Plaintiff driven a B B Benz SLK350 car owned by the Plaintiff (hereinafter referred to as “Plaintiff-owned car”) and proceeded into the pressure-driven road in Gangnam-gu Seoul Metropolitan Government toward the direction of pressure-conditioning at the direction of the new road, and entered the pressure-driven road at the right right angle bypassing.
B. Around the above time, there was a brupt of water in the attached Form No. 80cc in width and the depth of 6cc in depth at the site of the accident site where the entrance was made bypassing the 14-lane from the pressure zone in Gangnam-gu, Seoul to the pressure-based 14-way. (hereinafter “the instant accident site”) there was a brupt of the water tool in the shape of perfecting 80cc in width and 6cc in depth (the length is deep, the depth of the center is 6cc in depth) (hereinafter “the so-called “the so-called “the so-called “the so-called pole”).
C. The Defendant is the installer and manager of the road at the location of the instant accident.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 13, Eul evidence 2 through 5, and 8, the purport of the whole pleading, or the whole pleading
2. The assertion and judgment
A. (i) The Plaintiff’s assertion as the cause of the Plaintiff’s claim (i) drive the Plaintiff’s vehicle at the time, time, and place specified in the foregoing paragraph (a) and passed the point where the instant accident occurred, and there was an accident where the front and rear wheels of the Plaintiff’s vehicle was absent in the instant Art Hall located at the location of the accident (hereinafter “instant accident”).
B. According to the instant accident, the Plaintiff suffered damages in total of KRW 13.9 million, including the repair cost required for the replacement of the front and rear wheels of the Plaintiff’s vehicle, KRW 3.9 million, KRW 7 million, and KRW 3.9 million, due to the Plaintiff’s mental distress, and KRW 13.9 million, and thus, the Defendant, who is the person in charge of the road management at the instant location of the instant accident, is liable to compensate the Plaintiff for damages.
B. (1) The construction and management of public structures as provided in Article 5(1) of the State Compensation Act.