Text
1. The Defendant’s KRW 28,721,880 with respect to the Plaintiff and KRW 5% per annum from May 26, 2015 to December 12, 2017.
Reasons
1. Facts of recognition;
A. The Defendant is a construction project in Ulsan-gu, a bridge connecting Ulsan-gu and south-gu.
B. On May 26, 2015, the Plaintiff participated in an open citizen walking event prior to the completion of the Ulsan-do party, and then was in a state of being on the top of the Mandole, being constructed by the Defendant for photographing photographs at the vicinity of the 131-Gu, Ulsan-gu, Ulsan-gu, U.S. (former IC business establishment) (former IC), and was damaged due to the destruction of a joint board covering the Mandole, thereby falling into the top of the Mandole (hereinafter “instant accident”).
C. The foregoing man-man was a garment that contains rainwater, and was covered by wooden joints at the time of the instant accident.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the pleading before oral argument
2. Occurrence of liability for damages;
A. According to the above facts, the Defendant, a contractor, must verify any risk factor with respect to the Manle, which is the point where the instant accident occurred, and as a pedestrian is likely to fall down in the Manle or die, the instant accident occurred as a result of failing to take preventive measures, such as setting up a facility or warning sign to prevent fall on the Manle part, and removing the risk beforehand, even though it is necessary to take measures, such as installing a facility or warning sign to prevent falling on the Manle part, but not taking preventive measures, such as covering a lided by the Manlele lid.
As such, the defendant is liable for compensating the plaintiff for damages caused by it.
B. The Defendant asserted to the effect that the instant accident occurred while walking along the instant construction site beyond the construction section opened to the general public, even though the instant accident site was a construction site that was not open to pedestrians at the time of the accident, which was caused by the Plaintiff’s total negligence. However, the evidence submitted by the Defendant alone was insufficient to prohibit or restrict access to the site adjacent to the instant accident site.
(b).