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(영문) 의정부지방법원 2015.05.12 2013가단161878
손해배상(기)
Text

1. The Defendant’s KRW 9,885,680 for the Plaintiff and its related KRW 5% per annum from January 16, 2015 to May 12, 2015.

Reasons

1. Occurrence of liability for damages;

A. At around 15:40 on November 12, 2012, the Plaintiff: (a) 15:40, Namyang-si, Hoyang-si, Hoyang-si, 494-22, viewed a pedestrian signal on the street in front of the Manosan3 agency located in the Manodong-dong, and passed the way to cut off; and (b) approximately 2cm in the direction of the crosswalk, protruding off in the direction of the crosswalk, and was suffering from a fluor of the sidewalk block (hereinafter “instant accident”).

). 2) 이 사건 사고로 인하여 원고는 무릎을 바닥에 세게 부딪쳐 좌측 무릎뼈의 폐쇄성 골절을 진단받고 2012. 11. 14. ‘관혈적 정복술 및 내고정술’을 받고 그로부터 약 8주간의 치료를 요한다는 상해를 입고 현재까지 치료를 받고 있다.

3) After the instant accident, the Defendant, as the manager of the road at the location of the instant accident, accepted the instant news lux, which is the location of the instant accident, and caused the repair to have no gap between the news lux and no gap between the news lux. [The fact that there is no dispute over the grounds for recognition, each of the entries in Gap’s Nos. 4, 5, and 19, Gap’s Nos. 3, 6, 18, 25, 26, Eul’s evidence Nos. 1 and 2, as a whole,

B. Determination 1) Defect in the construction and management of a road, which is a public structure, shall be determined in detail in accordance with social norms by comprehensively taking into account all the circumstances such as the location of the road, structure of the road, traffic volume, traffic conditions in the event of an accident, etc., including the use of the road, the original purpose of the road, and the location and shape of a physical defect. In a case where a traffic safety defect, which is the original purpose of the road, becomes a natural power after the construction of the road, may be restored to the original state by taking into account all the circumstances such as the structure of the road in question, location, environment of the road in question, the situation of use, etc., and the existence of the defect must be individually and specifically deliberated and determined (see Supreme Court Decision 97Da49800, Feb. 13, 1998). 2)

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