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(영문) 춘천지방법원강릉지원 2016.05.11 2015가단7769
손해배상(기)
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D, around 00:30 on July 31, 2015, driven an E-car (hereinafter “instant vehicle”), which is its own possession, and died on July 31, 2015, at around 50:49 on July 31, 2015, from the entrance of a scar (six national highways; hereinafter “instant road”), while leaving a road at a distance of 50 meters from the scar on the scar in the middle of Gangseo-si, the front side of the instant vehicle fell into the front side of the front week where the road is located on the right side of the road (hereinafter “instant accident”).

B. Plaintiff B, on the top of the instant vehicle, on board the instant vehicle, was killed of the sloping part of the following bridge, and Plaintiff C, on the top of the sloping sloping part of the instant bridge, suffered bodily injury, such as the upper part of the instant vehicle’s bones of the solely left strip (the sloping part, the sloping part of the instant vehicle’s sloping part).

C. Plaintiff A’s husband, Plaintiff B’s husband, and C’s children.

[Reasons for Recognition: Evidence No. 1, Evidence No. 2, Evidence No. 1 to No. 3-1, and purport of the whole pleadings]

2. Assertion and determination

A. The Defendant, as a manager of the instant road, was obligated to take protective measures against the road management, such as the installation of a protective fence, the removal of the earth and rocks, and the installation of road safety facilities such as the starting-up sign, etc. However, unlike other parts of the instant road, the Defendant violated the duty to take protective measures, such as failing to install the protective fence at the location of the instant accident, and neglecting the earth and rocks. The Defendant has contributed to the occurrence of the instant accident and the expansion of damage, and thus, the Defendant is liable for compensating the Plaintiffs for the damages suffered by the instant accident (50% of negligence set-off due to D’s negligence) of the claimed amount (50% of the damages caused by D’s negligence) : D: passive damages: 53,277,00,000 won = 103,277,000 won for consolation damages = 103,604, 2604 won, and C, 290,736.

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