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(영문) 수원지방법원안양지원 2012.11.20 2012가단101648
손해배상(기)
Text

1. The Defendants: (a) KRW 52,305,949 for each Plaintiff and KRW 5% per annum from July 4, 2010 to November 20, 2012.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The defendant Anyang-si road 869-90, Ansan-si, Ansan-si (Yanyang-si, No. 2-1329, hereinafter referred to as the “instant road”).

) A local government that manages the Defendant’s local government, and the Defendant’s Guang-si is the 27-1, Dong-dong 27-1, Dong-dong 869-90, Dong-dong 869-90, Dong-dong 27-1, Dong-dong 27-3, Dong-dong Do-dong 27-1, Dong-si (hereinafter referred to as “the instant sewage pipe”).

(2) As the instant sewage pipe was destroyed on July 4, 2010, there was a 5-10 cm in length and 10-15 cm in depth on the instant road in the part of the instant apartment complex between Yang-dong Hando-dong and Anyang-si, Anyang-si.

(3) On July 4, 2010, the Plaintiff: (a) the instant accident site was only the instant accident site for delivery around 23:00 on July 4, 2010; and (b) the Plaintiff was an accident beyond the said obba (hereinafter “instant accident”).

(3) Each entry, film, and video set forth in Gap's Evidence Nos. 1 through 3, 10, Eul's Evidence Nos. 1, 2, 11, Eul's Evidence Nos. 1 through 3, and 8 through 9, as a whole, and the purport of the whole pleadings.

B. According to the above facts, barring any special circumstance, the defendants, the manager of the instant sewage culvert or the instant road, are responsible for the management of the instant sewage culvert, and when the safety of vehicles passing through the said road is threatened due to damage to the said sewage culvert, the defendants, the managers of the instant sewage culvert or the instant road, were obligated to take measures, such as immediately repairing the relevant sewage culvert or installing a sign board to identify the risks of the vehicle until the completion of the repair, and thus, caused the instant accident by neglecting the duty to prevent the occurrence of the accident. Thus, the defendants, each of the plaintiffs, even though they were responsible for preventing the occurrence of the accident by neglecting to maintain the safety of the road.

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