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(영문) 수원지방법원 2017.09.20 2017나53934
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a taxi company that runs a passenger transport business, and is the owner of a Class A, B, and B, B, a vehicle with a small-type vehicle (hereinafter “small-type taxi”) (hereinafter “ro-type taxi”).

B. On March 15, 2013, at around 02:00, 42 lines (water industry roads) of the Sugcheon-gu Busan National Road 42 line (hereinafter “instant road”) in Ansan-si, the driver of a marina vehicle, who followed the said vehicle, driven the front portion of the SM5 vehicle running in four-lanes while plucking off to four-lanes of drinking alcohol while moving back to a reverse direction. After that, the driver of the M5 vehicle, who followed the said SM vehicle, was splicking the front portion of the SM5 vehicle, she was moving back to the said M vehicle and was trying to stop in order to recognize the preceding accident and to avoid this accident, and sprinking the string vehicle by shocking the vehicle.

As a result, a small-scale taxi and a large-scale taxi were partially damaged.

(hereinafter referred to as the “instant accident”). C. The instant accidents of the said two taxis are as follows.

On the other hand, at the time of the accident in this case, water supplied by water supply managers and flown at the fourth and fourth lanes of the road in this case at night. The defendant, the manager of the road in this case, did not take any measures even though he received water leakage reports between 5 p.m. and 6 p.m. on the day immediately preceding the accident.

The plaintiff paid KRW 9 million to repair a small-a-si and a ju-type taxi, and from the date of the above accident, the small-a-type taxi was not operated for six days in case of the small-a-type taxi, and the ju-type taxi was not operated for 14 days in case of the ju-type taxi.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The defendant, who is the manager of the road and the water supply center of the plaintiff's assertion, is a water supply pipe.

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