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(영문) 서울중앙지방법원 2017.02.10 2015가단187797
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On June 28, 2015, around 02:40 on June 28, 2015, the Plaintiff: (a) turned a taxi to return home in the vicinity of the shooting distance in the Dobong-dong Seoul Special Metropolitan City, Seoul Special Metropolitan City; and (b) crossed the crosswalk of the road where the Defendant was carrying out packing construction (hereinafter “the crosswalk location where the victim was involved in the accident”).

At that time, a part of the above crosswalk exceeded the existing asphalt packing, and a part of the tea was newly completed the asphalt packing. While crossing the above crosswalk, the Plaintiff was suffering from an accident that goes beyond the concrete sprink he was accumulated on the road packing, and the cocon and the entrance of the above crosswalk are facing the road (hereinafter “instant accident”).

B. Following the instant accident, the Plaintiff suffered injuries, such as salt pansium and tension in the Gyeongeum, sacrine’s salt and tension, detailed cerebral sacrines, and sacrine sacrines, and received emergency treatment at the Seoul Metropolitan Government Hospital from June 28, 2015 to July 18, 2015. As a result of the medical examination conducted at C dental clinic, the Plaintiff was provided with hospitalized treatment at B Hospital from June 28, 2015. As a result of the medical examination, the Plaintiff was given a view that 12 sacrines and sacrines need to be sacraticd and fladrative surgery and artificial bones transplantation surgery.

C. The Defendant, as a contractor of road packing construction, has a duty to take measures to ensure smooth and safe communication of vehicles and pedestrians due to construction works pursuant to each subparagraph of Article 6(1) of the Seoul Special Metropolitan City Rules on Road Excavation and Restoration Work, but failed to perform such duty and caused the Plaintiff to undergo the instant accident. As such, the Defendant is liable for all damages suffered by the Plaintiff.

Therefore, the Defendant, the Plaintiff, and the Plaintiff from June 28, 2015 to July 4, 2021, KRW 10,688,110, ② 835,487, ③ future medical treatment expenses (paring expenses) KRW 7,260,00, ④ 8,000,000, etc.

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