logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.12.17 2014나1850
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff, at around 17:50 on October 26, 2012, was passing along the crosswalk near the E-mail located in Ulsan-gun, Ulsan-gun, and the promotional materials in the form of insignia attached by the Defendant on the street, etc. on the above crosswalk (hereinafter “instant promotional materials”).

by reason of the injury, such as tension and damage to the part of this case (hereinafter referred to as “instant accident”).

2) The instant promotional material is installed on a street, etc., which is 60cm wide and 90cm wide, and below the above, to put plastics 1.3m lower and 2.2m higher than the above, and the instant promotional material is installed on a street, etc. adjacent to the flowers installed on India, at a distance of 6m higher from the neighboring crosswalks, and the instant promotional material was prohibited from installation under the relevant laws and regulations.

[Ground of recognition] Facts without dispute, entry of Gap 2 through 7, Gap 8-1, 2, Gap 9-1 to 4, Eul 1-2, Eul 1-2, and the purport of the whole pleadings

B. According to the facts of recognition as the basis of liability, the promotional materials of this case are illegal promotional materials installed below people's height in the vicinity of the crosswalk where pedestrians' passage is frequent, and there is a risk of inflicting bodily injury on pedestrians in the materials and form of plastic, insignias, and their installed locations. The plaintiff is deemed to have suffered the above injury since the risk is realized and the promotional materials of this case are installed, manager of the promotional materials of this case, and manager of the promotional materials of this case is liable for compensation for damages suffered by the plaintiff.

C. Comprehensively taking account of the evidence and the purport of the entire argument as seen earlier prior to the limitation of liability, it is acknowledged that the Plaintiff did not properly examine the risks of walking along the promotional materials of this case. Such negligence of the Plaintiff is deemed to have caused the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 80% by taking into account the Plaintiff’s negligence into account 20%.

2. Calculation of the scope of liability for damages.

arrow