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1. The part of the judgment of the court of first instance against Defendant D, upon a claim for change in exchange at the trial.
Reasons
1. On November 23, 2012, under the influence of alcohol of 02:23% of alcohol content, Plaintiff A operated Otoba and proceeded to turn to the left at approximately 60 meters from G 3rd line of the road in the middle line of G 3rd line of Gangdong-gu Seoul, Gangdong-gu and proceeded to the left at a three-lane. While Plaintiff A did not discover the gravel for construction works of 1.2m wide, which is located on the said three-lane, and did not go to the center on the wind of the above 16m width, Plaintiff A suffered injury on the left-hand petal fals.m. on the left-hand side.
The road in which the above accident occurred is a road occupied and managed by Defendant Seoul Metropolitan Government, and D (hereinafter referred to as “D”) was awarded a contract by Defendant Gangdong-gu, the contracting authority, for the improvement of the street rearing environment of the sidewalk linked to the above road, and the said construction was carried out while placing the said construction on the road without placing the remaining gravel.
At the time of the instant accident, no warning board or construction sign, etc. was installed to inform the above obstacles, and two portable Rabcons were installed to the outside of the gravel.
According to the Article 5 (Delegation of Management Affairs) of the Seoul Special Metropolitan City Ordinance on the Management of Major Facilities, such as Roads, the head of the competent autonomous Gu stipulates 1) the management of road reports (including survey districts), 2) the Seoul Special Metropolitan City Metropolitan City Road Report Management (including road facilities) and the cleaning of sidewalks, etc. as the manager.
Plaintiff
B and C are the parents of Plaintiff A.
D On the other hand, on July 22, 2014, while the instant lawsuit is pending, received a decision to commence rehabilitation procedures as Seoul Central District Court 2014 Ma10060, and received a decision to commence rehabilitation procedures on April 22, 2015.
Accordingly, on December 23, 2015, the Plaintiffs reported the damage claim arising from the instant accident to the rehabilitation claim. On July 6, 2016, the custodian H reported the subsequent completion of the damage claim due to the instant accident to the rehabilitation claim.