(영문) 부산지방법원 2018.06.27 2018가합42708

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(영문) 부산지방법원 2018.06.27 2018가합42708

손해배상(기)

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1. The Defendant’s KRW 295,531,928 as well as the Plaintiff’s annual rate of 5% from April 27, 2015 to June 27, 2018.

Reasons

1. Basic facts

A. On April 27, 2015, the Plaintiff driving Obabaon around 14:45 on April 27, 2015, and driving the first line from the side of D department store to Chungcheong Dong-dong among the fourth line roads in front of Busan Jung-gu (hereinafter “instant roads”), and causing the injury, such as the closed frame of the head floor of the head, the flaba, the flababa, the blood transfusion under the flababast, and the duba, etc., of the two flabast in front of the D department store.

B. The Plaintiff, due to the above injury, is currently showing the recognition function of heavy symptoms, personality disorder, pedestrian disability, guest tobacco smoking disorder, and symptoms of heavy and urine disorder.

C. The defendant is the construction manager and manager of the road of this case.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 4, 5, 8, 9, 16, Eul evidence Nos. 3 (including paper numbers; hereinafter the same shall apply), the result of the commission of physical examinations to F Hospital on May 19, 2016, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiff's assertion 1) The plaintiff's assertion refers to the area where the surface is mard from among the roads packed in asphalt while driving the Oralba while driving the Oralba (the "Yeba").

hereinafter referred to as “instant Art Hall”

(2) On the other hand, the accident of this case occurred with the front wheels, and the Defendant, as the construction manager and manager of the above road, is liable to compensate the Plaintiff for the damages incurred by the accident of this case. (2) The accident of this case occurred entirely due to the Plaintiff’s negligence in driving, and as a road management authority, the Defendant’s duties as the road management authority cannot expect the complete management of all roads due to the existence of human and physical constraints. Thus, it cannot be deemed that the road of this case was in a state where the road of this case did not meet the safety requirements that the road of this case normally have to meet.

B. The defendant's liability for damages.

유사 판례

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