1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

1. The scope of the judgment of this court claimed positive damages, passive damages, and consolation money in the first instance court, but such positive damages, consolation money, and passive damages were partially dismissed. Since the plaintiff appealed only the part of the claim for consolation money among them and expanded the claim amount of consolation money in the first instance court, the scope of the judgment of this court is limited to the plaintiff's claim for consolation money.

2. Basic facts

A. On August 13, 2013, the Plaintiff, while proceeding in the direction of Seocho-IC on the right side of a bicycle riding at around 23:00 on August 13, 2013, did not discover any hole near the edge of the road while driving in the direction of Seocho-gu Seoul, Seocho-gu, Seoul, for the road managed by the Defendant in the vicinity of the right side of the road, caused damage to the bicycle due to the injury, such as the structural frame of the middle river floor, etc., which was discharged from the front wheels.

(hereinafter “instant accident”). B.

The Plaintiff spent KRW 304,720, and 151,000 as bicycle repair costs due to the instant accident.

[Grounds for recognition] Gap evidence Nos. 1, 1 and 2, and the purport of the whole pleadings.

3. Determination

A. The defendant, who is the manager of the road in the place of the accident of this case, issued the accident of this case by negligence when he neglected that it would not obstruct the passage of vehicles, etc. on the road. Thus, the defendant is liable to compensate the plaintiff for the damages incurred to the plaintiff due to the defect in the installation or preservation of the structure, and the plaintiff was injured and damaged by bicycle. Thus, in light of the fact that the plaintiff was damaged and damaged by the accident of this case, the defendant is liable to compensate for the damages caused to the plaintiff.

B. However, the plaintiff should also safely pass through the road in the case of the accident site.