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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. On December 12, 2013, the Plaintiff sustained the upper right arms by cutting off the crosswalk from the front line to the front line of the crosswalk, which was opened from the front line to the seat of the SK oil station at the front line of the 301 (Ham-dong), along with his/her citizens, during the Ansan-si period around 21:41 on December 2, 2013.
(hereinafter “instant accident”). 【The ground for recognition of the instant accident” has no dispute, Gap’s 2, 3, 5, 6, 10, 19, Eul’s evidence No. 12, and the purport of the whole pleadings.
2. Determination as to the cause of action
A. At the time of the instant accident, the Plaintiff asserted that the diameter at the last part of the crosswalk was exceeded 65cm (hereinafter “instant top lid”). At the time, the road was melted by snow so that it was difficult to melt, and the instant top lid was cut down more than 4-5cm than the surface.
Therefore, the accident of this case is caused by the defendant's defect in the installation or preservation of the last lids of this case, and the defendant is liable for compensation for the plaintiff's damage.
B. “Defects in the installation and preservation of a structure” under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet the ordinary safety requirements according to its use. In determining whether such safety is satisfied, the determination shall be based on whether the installer and custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
(Supreme Court Decision 2004Da35731 Decided November 25, 2005, and Supreme Court Decision 2013Da89105 Decided February 12, 2015, etc.).
Judgment
In addition, the evidence submitted by the Plaintiff is insufficient to recognize the fact that the Plaintiff was in excess of the top lids of the instant top lids, and the following circumstances, i.e., the above crosswalks, which are acknowledged by the statements in Gap evidence Nos. 12, Eul evidence Nos. 1 through 9, 11, 12, 14, and evidence Nos. 16-1 and 2.