(영문) 창원지방법원마산지원 2016.11.24 2016가단103630

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(영문) 창원지방법원마산지원 2016.11.24 2016가단103630

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 17, 2016, the Defendant got off the news report prior to the point of Gyeongnam Bank C located in Changwon-si, Changwon-si B.

(hereinafter “instant accident”). (b)

The Defendant was hospitalized in the instant accident from January 24, 2016 to February 6, 2016 due to the removal of the left-hand foundation abandonment, etc.

C. The part of the news report of this case (hereinafter “the news report of this case”) is the place where the Plaintiff removed the existing news block and installed a substitute stone, and there was no facilities to prevent the collapse at the time of the accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1-4 (including, if any, various numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident was not attributable to the defect in the construction and management of the road, but due to the Defendant’s failure to perform his duty of care.

In addition, the Plaintiff is not responsible for the construction and management of the instant road.

Therefore, there is no obligation of the plaintiff to pay damages to the defendant due to the accident of this case.

B. The accident of this case occurred due to the defect in the installation and management of the part of the report of this case where the prevention facility was not installed in the snow, and since the plaintiff is responsible for causing such defect, the plaintiff's assertion that there is no liability to pay damages due to the accident of this case against the defendant is without merit.

3. The judgment of the court below is based on the following circumstances, i.e., the news report part of this case is exempted from the crosswalk, and there is a news block for the prevention of the storm, and the news report part of this case is installed. The news report part of this case is part of the crosswalk. The news report of this case is part of the crosswalk, and it is part of the sidewalk of this case.

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