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1. The plaintiff's incidental appeal and the defendant's appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
Reasons
1. In the first instance court, the Plaintiff filed a claim for damages against the Defendant regarding the amount equivalent to the automobile repair cost and the amount equivalent to the automobile repair cost, and ② the first instance court accepted part of the claim for damages against the amount equivalent to the automobile repair cost, and ② dismissed the claim for damages against the amount equivalent to the automobile repair cost.
In regard to this, the plaintiff and the defendant have filed an incidental appeal and appeal only for the claim for damages against the amount equivalent to the automobile repair cost, so this court's judgment is limited to the claim for damages against the amount equivalent to the
2. Basic facts
A. The defendant is a person who manages border roads according to the Korea Highway Corporation Act.
B. On December 23, 2014, the Plaintiff entered the road on the side (hereinafter “instant side”) of the said road while driving a Bone Starsch Rexroth vehicle owned by the Plaintiff (hereinafter “instant vehicle”) and driving the road on the road in the direction of Seoul (hereinafter “instant main road”), which led to an accident that conflicts with the right side of the said road (hereinafter “instant accident”).
다. 이 사건 본선 도로 및 갓길에는 이 사건 사고 전날인 2014. 12. 22. 13:00경까지 신적설 약 3.5㎠, 적설 약 8.7㎠의 눈이 내렸고, 이 사건 사고 당일에는 눈이 내리지 않았다. 라.
From December 22, 2014, the Defendant performed snow removal works on the road of this case from around 09:35, in order to prevent accidents caused by snow that occurred on the day before the instant accident occurred, but did not perform snow removal works on the side of the instant road. At the time of the instant accident, the snow that occurred on the side of the instant road was stockpiled as it was.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1, 2, 5, 6, 8, 9, 10.