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(영문) 제주지방법원 2016.06.30 2015나6043
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On May 15, 2015, the Plaintiff, around 00:30 on May 15, 2015, walked the front sidewalk of the C cafeteria located in Seopopo City B, and was faced with the ground, such as the salt pane, tension, the base of the blue part, the base of the blue part, the base of the knee part, and the base of the knee part.

(hereinafter referred to as the “instant accident,” and the news report in which the instant accident occurred shall be referred to as the “instant news report,” and the posts shall be referred to as the “instant posts.”

The defendant is the managing body of the road of this case and posts.

C. The posts of this case were two primary obstacles installed at the end of the instant sidewalk, which were made of stone materials.

Although the home was attached to the upper part of each original pole, the home was cut with a yellow light tape on the home. However, in the event of the accident in this case, the light tape was partially set off, such as the photo in attached Form 1.

On the other hand, with regard to the installation and management of posts, such as posts of this case, the administrative rules as follows are enacted.

(hereinafter “instant Guidelines”). Guidelines for installation and management of sidewalks (Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 135, Nov. 11, 2009, partial amendment on July 26, 201)

(c) Posts may be installed to prevent the entry of motor vehicles into the sidewalk or bypassing motor vehicles from entering the crosswalks near the crosswalks to prevent them from entering the sidewalk.

Posts can be regarded as a kind of obstacle from the viewpoint of passage of pedestrians, so they shall be installed selectively in necessary places.

In cases of installing posts, the height of the facilities shall be enhanced by using a brightness strings, etc.

In principle, the height of posts shall be secured and installed from 80 to 100cm in consideration of the physical safety of pedestrians, and the outer diameter of posts shall be 10 to 20cm in principle.

The intervals to prevent the entry of vehicles shall be the vehicles.

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