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(영문) 서울북부지방법원 2019.04.05 2018가단15991
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 11, 2017, the Plaintiff was boarding a taxi to take a friendship and overseas travel, but at around 04:40, the Plaintiff arrived in front of the exit of the subway No. 7, which is the departure point of Incheon Airport Buses, and thereby suffered injury, such as the string of the strings inside the strings.

B. At the time, the point that the Plaintiff exceeded is the part corresponding to the boundary between the roadway and the sidewalk, and is connected to the entrance of the pedestrians of the said subway, and the relevant part of the road surface is somewhat cornerd and cut off, depending on frequent traffic and traffic, etc., there were approximately 10cm in length and approximately 10cm in depth, and approximately 1 to 3cm in depth.

The soil, leaves, etc. were naturally collected at that place.

(hereinafter referred to as “the location of the instant accident”) C.

Article 5 Section 1 of the Seoul Special Metropolitan City Ordinance on the Management of Major Facilities, such as Roads, provides that the location of the accident in this case shall be managed by the head of the autonomous Gu, and accordingly, the supplementary intervenor, who is the autonomous Gu, shall be in charge of the maintenance work and repair expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 18 (including branch numbers for those with additional numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff suffered damages equivalent to KRW 8,856,520, KRW 12,300, KRW 10,000, KRW 10,000 due to defective construction and management of the Plaintiff’s structure, which is the place where the instant accident occurred, due to the Plaintiff’s defect in the construction and management, and thus, the Defendant, who is the managing authority of the public structure, is liable to compensate for the damages.

B. As seen earlier, the managing body of the accident site of this case is not only the defendant but also the defendant joining the defendant, and the location of the accident of this case is stipulated by Article 5(1) of the State Compensation Act.

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