(영문) 춘천지방법원 강릉지원 2017.03.08 2016가단52339

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(영문) 춘천지방법원 강릉지원 2017.03.08 2016가단52339

손해배상 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 11, 2016, on the basis that: (a) around 10:10 on April 11, 2016, B driven a C Dump truck owned by the Plaintiff (hereinafter referred to as “instant vehicle”) and driven a road front of the Gangseo-gun, Gangwon-do (hereinafter referred to as “instant road”); and (b) caused an accident involving the instant vehicle’s dump.

(hereinafter “instant accident”). [The ground for recognition: the absence of dispute, entry of A3 evidence, the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion B avoided a car running along a central line on the opposite side. However, at the edge of the road of this case, the edge of the road of this case was faced with the collapse of the surface of the road of this case, and operated the steering gear toward the port to the port, and the accident of this case was occurred during which the instant vehicle was towed.

The collapse of the surface of the road of this case is a defect in the management and preservation of the road of this case, and the defendant, as the road management agency of this case, shall be liable for the damages suffered by the plaintiff due to the accident of this case (=affirmative 127,773,690 won).

B. According to the witness B’s testimony on each video of the evidence Nos. 2, 17, and 9 (including each number), the fact that the surface of the road of this case was collapsed after the instant accident occurred is recognized.

However, according to the fact-finding conducted by the Gangwon-do Road Management Office, it is difficult to conclude that the surface of the road of this case collapses due to the defect of the road of this case on February 21, 2016 and April 8, 2016, considering the fact that there was no string or construction of the road of this case, and that the weight of the steering gear can be urgently operated when operating the steering gear, it is insufficient to conclude that the road of this case collapses due to the defect of the road of this case.

Witness

In the testimony of B, ‘Road Management Office' is the same.

유사 판례

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