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(영문) 대구지방법원 2016.07.14 2015나16505
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 6, 2014, while the Plaintiff was putting the Plaintiff’s bicycle on a bicycle, the Plaintiff was injured by getting the Plaintiff’s dog out of the bicycle on the wind where the Plaintiff she was riding on the bicycle.

(hereinafter “instant accident”). (b)

The defendant cultivated a garden on the side of the road, which is the site of the accident of this case, but the fence was placed on the boundary of the road and the garden and raised the defendant in the vegetable garden inside the fence.

C. At the time of the instant accident, the Defendant did not combine the Defendant’s opening.

[Ground for recognition] Unsatisfy, Gap evidence 3 (including each branch number if there is a tentative number; hereinafter the same shall apply), images, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiff's assertion 1) The defendant's dog, which is not bound to the plaintiff's argument, was cut off on the road from the bottom of the fence to the road, and dump to the plaintiff's dog, so the defendant is liable to compensate for the plaintiff's damage caused by the accident of this case. 2) The defendant's assertion that the plaintiff's dog operated a bicycle while combining the plaintiff's dog on the bicycle, while driving the bicycle, and the plaintiff's dog was cut off from the plaintiff's dog's bicycle, and the accident of this case occurred due to the plaintiff's negligence while driving the bicycle while combining the plaintiff's dog.

In addition, the defendant has taken safety measures such as preventing the defendant's opening from moving to roads outside the garden, and there is no responsibility for the accident of this case.

B. In light of the facts acknowledged earlier and the overall purport of Gap evidence No. 3 as a whole, the following circumstances, i.e., ① the defendant's opening at the time of the accident in this case was not covered at the time of the accident in this case, ② the defendant's opening could have easily come to a road through the fence, the defendant's opening was out of the fence, and the plaintiff's opening was removed from the fence.

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