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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff’s husband E cultivates four lots, such as F, G, H, I, etc. in J-si, and the Defendant is the manager of a farm road near J land and C land (hereinafter “instant farm road”).
B. From March 2012 to June 2012, the Defendant performed the positive packaging construction work for the non-packaged farming roads located in K where the instant farming roads are located. The instant farming roads were planned to be the packages of the Siljin-si, and were excluded from the Defendant’s construction subject to the Defendant’s construction.
C. From November 2012 to December 2012, 2012, after performing the packing construction of the instant farm roads, there was a difference in height due to packing construction on the instant farm roads. D.
On May 2, 2013, around 06:30 on May 2, 2013, the Plaintiff was driving a B B B Poter truck (hereinafter “instant vehicle”) and passed through a point where the height of the instant farm road is lower than that of the instant vehicle, and the Plaintiff was additionally cut off No. 3 due to shock due to the difference in height.
(hereinafter referred to as the "accident of this case"). 【No dispute exists; Gap evidence Nos. 1 through 6; Eul evidence Nos. 1 and 2 (including the number number; hereinafter the same shall apply) or video; the result of fact inquiry into the L Hospital head of the court of the trial; and the result of fact inquiry into the Korea Commercial and Insurance Co., Ltd.; the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. According to the above facts, in the direction of the plaintiff's proceeding due to the difference in height, the vehicle can fall properly, and accordingly, it is necessary to take necessary measures such as the implementation of construction works to alleviate the difference in height of the farm road of this case, and it is left alone without any marking of the danger. Thus, there was a defect in the construction or management of the farm road of this case, and such defect caused the accident of this case to the plaintiff as the manager of the farm road of this case.