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(영문) 서울고등법원 2016.08.18 2016나2006031
손해배상청구의 소
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

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

purport, purport, and.

Reasons

1. The reasons for this court’s acceptance of the judgment of the court of first instance are as stated in the judgment of the court of first instance, in addition to the following parts as well as the additional parts. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure

[Supplementary part] The main part of No. 4, No. 16, and No. 17 of the judgment of the court of first instance shall be added as follows.

The part of paragraphs 12 through 15 of the judgment of the court of first instance, "(the height from the floor of the farm road to the ordinary level of the road of this case is about 1.3m, about 40cm for the farm road of this case, about 1.1m for the farm road of this case, about 40cm for the farm road of this case, and about 1.1m for the farm road of this case, it is highly likely that the road of this case would vary even if ordinary adults fall off from the road of this case)"

The following is added to the part of the first instance judgment of the first instance court, “B, the first stones of which are the Aargue, may move in, or broken down, while the Aargue, the Aar. A, despite the duty of care to prepare for safety accidents by checking the safe place, etc., the Plaintiff A and B had a duty of care. However, unlike the above duty of care, it is confirmed that the tent of the instant bank is fixed, and it is insufficient to confirm whether the Aargue is the degree of fall or the degree of fall, or to sufficiently prepare for the risks thereof (see evidence 10 of the A).” (Additional part)

In fact, the following contents are added between the 5th page 4 of the first instance judgment of “(the Plaintiff stated that, at the time of the police investigation, the Plaintiff was unable to see next to the decline. The Plaintiff became aware of the flow of water to the farm waterway after the accident occurred)” and the 4th page 5 of the first instance judgment.

Now, the defendant set up the instant bank for the purpose of profit-making without obtaining lawful permission from the competent authorities, on the premise that a certain area including a river and its surrounding facilities are used exclusively to a considerable extent, but there is a lack of intent to take follow-up measures accompanying profit-making.

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