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(영문) 대전지방법원 2016.11.03 2014가단222098
손해배상(기)
Text

1. The Defendant’s KRW 27,984,690 as well as the Plaintiff’s annual rate from May 2, 2014 to November 3, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. On May 2, 2014, the Plaintiff: (a) around 21:40 on May 2, 2014, the first village direction of Sejong Special Self-Governing City, where the bicycle lane at the construction site of urban-type residential housing (C) in Sejong Special Self-Governing City ends (hereinafter “accident site”).

In this case, the Defendant’s waterworks valve installation works (hereinafter “instant construction”)

) For the purpose of this, the point was passed without knowing that the stone block was temporarily cut off, and the point was passed, but the point was front of the seat, and the bicycle was faced with an injury to the scambling as a result of the scambling (hereinafter referred to as the “instant accident”).

2) The instant accident site was in the state where the stone block was removed and covered with sand. The height difference between the existing stone block and its sand covered was 10cm from 5cm to 10cm.

3) At the time of the instant accident, the Plaintiff did not have a drum-shaped container, such as drums, at the location of the instant accident, and was established after the instant accident. 4) The Defendant was a company that received the instant construction from the Korea Land and Housing Corporation for urban residential housing (C) located near the site of the instant accident.

[Reasons for Recognition] A’s 14-1, 2, 15-2, 16-1, 2, 16-2, 17-1, 2, 18-1, 2, 19-1, 2, 19-2, 19-1, 2, 20-2, 19-1, 20, 20 of witness D’s testimony, and the purport of the whole pleadings

B. According to the above facts, the bicycle lane was installed at the place of the accident of this case immediately before the point of the accident of this case. If the defendant, while carrying out the construction of this case, removed the stone block and caused a failure in India, he neglected his duty of care to install an access prevention facilities informing such danger so that it can safely pass.

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