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(영문) 전주지방법원 2017.08.24 2016나10950
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who occupies and manages a road located in a rural village located in the Sin-ri-ri-ri-ri-ri-ri-ri-ri-ri,

On May 15, 2014, the Plaintiff concluded a contract with the Defendant during the construction period of KRW 404,846,00 for the construction cost, and from May 22, 2014 to November 21, 2014, for the construction period of KRW 404,846,00 for the construction cost under the “small-Scale Waterworks Improvement Project,” located in the Bupyeong-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City (hereinafter “instant construction”).

(hereinafter referred to as the “instant contract”). The Defendant performed the instant construction work in accordance with the instant contract.

Article 18 (Compensation) of the construction specifications, one of the contract documents of this case, shall be compensated or restored to the original state at the expense of the beneficiary with respect to all damages, such as safety accidents, during the execution of construction works, and shall be fully responsible for civil and criminal affairs.

B. At around 14:56 on July 16, 2014, A (hereinafter referred to as “victim”) driven by Oratob and moved at a speed of about 50 km to a speed of 60 km to the road in the process of the instant construction, following the completion of the construction of the sub-section 120 in the vicinity of the long-distance 120 meters from the long-distance long-distance long-distance long-distance 120 meters long-distance, and immediately after entering the part of the sub-section 1, she suffered from an injury requiring four weeks’ medical treatment, such as damage to the dives of the following bridge.

(hereinafter the above traffic accident is referred to as the “instant accident,” and the road part of the said accident site is referred to as the “instant road”).

On December 17, 2014, the aggrieved party filed a lawsuit against the Plaintiff, who is an occupation or manager of the road of this case, seeking compensation for damages caused by the instant accident.

(Y) On December 2, 2015, the court below held that 12,099, 487 won against the Plaintiff and its related interest shall be 5% per annum from July 16, 2014 to December 2, 2015 and from the following day to the date of full payment.

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