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(영문) 서울고등법원 2017.07.07 2016나2065375
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On August 19, 2014, the deceased D (hereinafter “the deceased”) performed meals with the private H and the construction business entity, etc. in Pyeongtaek-si G restaurants located in Pyeongtaek-si around 16:00, while drinking 5 illnesss by dividing them into five.

At around 18:00 on the same day, the Deceased was on board a taxi along with H at the same place, and H and H were hedging after getting off the taxi in front of Pyeongtaek-si, the residence of the Deceased.

Meanwhile, in front of Pyeongtaek-si, a bridge with a height of about 20cm (hereinafter “instant bridge”) was installed on both sides at a height of about 5.60 meters and 2.26 meters in width. However, the Deceased, after sunset (19:19) from around 19:21 to 20:28 on the same day, she left the instant bridge; she lost balance; 2.40 meters in width, from the floor to the instant bridge; 2.40 meters in height from the floor to the instant bridge; 10cm in depth, with a floor of about 10cm with concrete (hereinafter “the instant irrigation road”); and she was salved at the site in a state where she was unable to move the body in a state where she was unable to drive the body due to salke and salkenes damage.

(hereinafter “instant accident”). B.

The Defendant managed the instant bridge from the time when the instant bridge was installed to install a steel rail on the separate sphers. However, at the time of the instant bridge, there was no rail rail on the instant bridge, but only meltings, which had been installed with a rail, remains melter, and there was no liability or danger sign, etc. otherwise.

C. Meanwhile, a bridge is installed on a part of the farm road section adjacent to the road where the instant accident site is located, and among them, a bridge is left alone without a railing, such as the instant bridge.

When the accident of this case occurred on the farm road of this case, the defendant installed a steel pents around the sloping of both sides of the bridge of this case and the vicinity of the farm road of this case.

E. In the vicinity of the farm road of this case, there was a flat ground where people did not have access as farmland, but due to development activities at the time of the accident of this case.

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