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(영문) 서울중앙지방법원 2015.06.05 2014나12644
손해배상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the owner of A rocketing taxi (hereinafter “instant vehicle”) as a general taxi transport business entity under the Passenger Transport Service Act.

The Seoul Regional Land Management Office under the defendant is a person who executes construction works on a bypass for national highways (Canceam-F Funds) in the jurisdiction of the Gu (hereinafter referred to as the "construction works in this case") under the entrustment of the Government of the Gu, and the joint defendant Kudong Construction Co., Ltd. in the first instance trial (hereinafter referred to as " by Kudong Construction") is a construction works for the construction

B. B, around 05:00 on July 24, 2010, driving the instant vehicle and driving the instant road at a speed of about 110km from the border road to the long distance of 138 U.S. at his own city (hereinafter “instant road”) along the two-lanes from the border road to the long distance of 138 U.S., and escaping from the road from the road to the direction of the road among the instant roads, and got a concrete structure under the underground rolling stock construction at the front part of the said taxi (hereinafter “the instant accident”). Accordingly, the Plaintiff suffered damage to the repair cost of the said vehicle at KRW 15,920,025.

C. The instant road is a section opened temporarily on December 2008 for the instant construction work, and the speed of restriction is 80km per hour.

Although street lights are installed in the straight line section of the front line of the accident point of this case, there are only one signboard, there is no street lamps from the place where the valley section immediately preceding the accident point begins, and there is a sign to be a rewing at the place where the vehicle of this case deserts the road.

The PEdrum is installed on the right side of the two-lane of the road in this case at regular intervals.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion that the construction of the instant road is the direct occupant of the instant road, and the Defendant is the indirect occupant of the said road, as the indirect occupant of the said road.

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