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1. The defendant
A. The Plaintiff KRW 414,372,656 as well as 5% per annum from June 9, 2013 to January 30, 2019.
Reasons
1. Basic facts
A. On June 9, 2013, at around 00:14, the Plaintiff, along with the 00:14th square village B, was injured by sea-water damage, etc. by getting a bicycle along with a bicycle and driving a way to prevent the decline road on the side of the Namsan Park in Yongsan-gu, Yongsan-gu, Seoul from driving in the direction of the Namsan Library at the national theater, and getting away from the center and getting out of bicycles
(hereinafter “instant accident”). B.
The Plaintiff was transferred to an emergency department in the nearby C Hospital due to the instant accident, received medical treatment in the middle-patient room, and received spine surgery at D Hospital on July 10, 2013, but was in the state of paralysis at present.
C. The point at which this accident occurred is part of the Southern Metropolitan City, which is managed by the Defendant, is part of the Southern Metropolitan City.
Plaintiff
From January 2014 to November 23, 2018, the Intervenor paid KRW 22,749,150,000 to the Plaintiff as disability pension resulting from the instant accident.
E. As to the instant accident, the Plaintiff received compensation of KRW 100 million from the local government liability insurance that the E-Mutual Aid Association joined as the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 26, Gap evidence 1 to 3, Eul evidence 8-3 and 4, the purport of the whole pleadings
2. The parties' assertion
가. 원고의 주장 이 사건 사고는 원고의 자전거가 이 사건 사고 도로의 움푹 패인 곳을 지나면서 원고가 중심을 잃고 넘어져 발생한 것으로, 피고의 이 사건 사고 도로의 관리상의 하자로 발생한 것이다.
Therefore, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 1,207,409,859,000,000,000,00 for property losses, such as lost profit, etc.
나. 피고의 주장 원고의 자전거가 이 사건 사고 도로의 움푹 패인 곳을 지나면서 넘어졌다고 볼 만한 증거가 없다.
The accident of this case is wholly caused by the plaintiff's bicycle driving negligence, and it is a defect in the construction and management of the road of this case.