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(영문) 대전지방법원 2020.09.17 2019나112074
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

Quotation of the first instance judgment

A. The reasons for the judgment of this court are as follows.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for addition or dismissal as stated in the same paragraph, it shall be quoted as it is in accordance with the main sentence

B. In addition or after addition, part of the judgment of the court of first instance, from 17th to 19th “established” of the judgment of the court of first instance, the following parts shall be followed:

However, the above drainage does not have a cover, and there was an obstacle that is likely to cause collisions, such as telegraph poles, road signs, and street trees, around the road near the point where the accident occurred, and the gradient of the road falls under 7 degrees. Although the defendant had installed a street protection fence to prevent vehicles from leaving the road near the point where the accident occurred, it was not installed.

The following shall be added at the bottom of No. 20 of the first instance judgment:

3. The concrete drainage channel installed near the site of the instant accident is highly likely that the width of the vehicle leaving a road is at least 50cm, and the Defendant had to have installed a drainage cover to prevent the foregoing danger. However, the Defendant did not install it even though it had to have been installed.

Part V of the judgment of the first instance is added to the following:

In this regard, the plaintiff asserts that the parallel name of the plane of the road at the point of the accident in this case is not more than 117 meters based on the evidence No. 10 of the "A" prepared by the witness L of the trial at the court. However, the above parallel name of the plane line calculated by the above L is merely a value calculated based on the distance by using the electronic map without an accurate distance survey at the site. Thus, the above evidence No. 10 and testimony of the witness of the trial at the court is insufficient to reverse the above recognition.

The fifth and nine sides of the judgment of the court of first instance are roads.

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