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(영문) 서울고등법원 2017.02.08 2016나2040413
손해배상(기)
Text

1. Of the judgment of the first instance, the order between the plaintiff A and the succeeding intervenor of the plaintiff A and the defendants is modified as follows.

Reasons

1. Basic facts

A. Article 3 of the Promotion of the Use of Bicycles is divided into the bicycle lane: ① bicycle lane; ② bicycle lanes; ③ bicycle lanes; ④ bicycle lanes; and ④ bicycle lanes. According to the designation of the route, the bicycle lanes (hereinafter referred to as the “instant bicycle lane”) are divided into four bicycle lanes with respect to the Han Riverside roads that include the section of a village (Seoul Yongsan-gu, Yongsan-gu, Seoul through 306-5) pursuant to Article 7 of the Promotion of the Use of Bicycles Act.

(2) On October 30, 2013, Defendant Earar Hadar Co., Ltd. (hereinafter “Defendant Company”) entered into a construction agreement with Defendant Seoul Special Metropolitan City and the Corporation on the construction cost, KRW 165,993,00 of the construction cost, and KRW 165,993,00 of the construction cost, and the construction project on October 30, 2013 of the commencement date, and carried trees on the roadside of the instant bicycle lane, etc. (hereinafter “instant construction”).

B. (1) On November 23, 2013, Plaintiff A proceeding with the instant bicycle lane in the direction of Hannam-dong in the direction of Hannam-dong from around 09:00 on a bicycle riding along the Han River on November 23, 2013, and Plaintiff A left the instant bicycle lane, and the Defendant Company went away from the bicycle lane of this case and went to the bend part of the bridge (attached Form 1, the part of the Donggrain marking among the photographs 1), and then, the Gu ice, which was sold by the Defendant Company for the instant construction on the road side of the said section (attached Form 12, the number of the Gu ice, among the photographs 12, is hereinafter referred to as “instant Gu ice”).

(2) The Plaintiff suffered serious injury, such as shock, e.g., e., g., 6/7 shocks (hereinafter “instant accident”).

2) On November 22, 2013, the day before the instant accident occurred, the Defendant Company, while doing the instant construction.

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