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(영문) 수원지방법원 2015.04.13 2014가단11167
손해배상(기)
Text

1. The Defendant paid KRW 3,021,715 to the Plaintiff KRW 5% per annum from September 15, 2013 to April 13, 2015.

Reasons

1. Occurrence of liability for damages;

A. 1) On September 15, 2013, the Plaintiff: (a) driven B Otoba on September 15, 2013, and operated B Otoba, and the Plaintiff was 34 lines of 34 lines National Highway (hereinafter “instant road”).

) While having been proceeding from Jincheon-gun's room to Jancheon-si, there was an injury to the upper left side of the mouth and the outer side of the left side of the road while getting out of the road, the home, which is the plaque of the road of this case, has lost the center of Oran-si's wheels (hereinafter referred to as the "accident of this case").

2) The road of this case is the road managed by the Defendant, which is the string line with the left-hand side of the string, and the place where the passage of the vehicle, such as the string, the car, large truck, etc., is a place where the passage of the vehicle is high even in the string.

3) The shoulder, located near the edge of the instant road, was located at the location of the instant accident. The size of the Defendant’s wheels was sufficient to enter the instant road. 4) Around about five days immediately before the date of the instant accident, and the date of the instant accident was not unloaded. The Defendant repaired the road adjacent to the instant road on the date of the accident, but did not repair the Defendant’s shoulder on the instant road.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-1-2, Eul evidence 7-2 through 4, Eul evidence 1-3, Eul evidence 2-2 through 4, Eul evidence 6-1, Eul evidence 7, Eul evidence 8, and the purport of the whole pleadings

B. The defendant who manages the road of this case where the accident of this case occurred shall conduct a regular patrol to check the maintenance status of the road surface, such as subsidence of the road surface, etc., and if safety-harming factors are discovered, he shall have a duty of care to repair or remove them promptly. The following circumstances, which are acknowledged by the facts acknowledged earlier and the purport of the entire pleading at each video of subparagraphs A and A Nos. 1-2 and 3, are as follows.

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