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(영문) 광주지방법원목포지원 2014.07.02 2013가단1424
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 2010, at around 19:15, the Plaintiff driven B Poter freight cars owned by it (hereinafter “instant accident vehicle”) with a 0.144% alcohol concentration in blood, and proceeded with the Gun, which is one lane near Yongnam-gun C, Jeonnam-gun, with a single-lane 9 line, from the blurg on the surface of the blurg in the blurg.

However, the above points began to be be bended by the straight line, and the road bended by the direction was installed at 24m, 12m in the middle, and 40m in the closing point at the right-hand (However, there was no continuous connection among them). The Plaintiff received the first part of the instant vehicle’s front time of the instant accident ( specific driving seat part and the middle part of the driver’s seat) as it is, due to its impact, and caused the Plaintiff and the Plaintiff to suffer open pulverization in the right-hand side of the instant vehicle, including the two, three new dys, the right-hand side of the instant vehicle, annual installments, deficit in the structure, and the light frame.

B. Defendant Young-gun is the installer and manager of the foregoing Gun line 9, where the instant accident occurred.

【Ground for Recognition: Facts without a partial dispute, entries in Gap’s evidence 1 through 4, 21, and 22, or purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion was insufficient to deal with the instant accident site in order to prevent the outflow to the part, and there was no shock absorption facility, and there was a defect in the installation before and after the section required to be installed.

Since the above defects caused the occurrence and expansion of the accident of this case, Defendant Young-gun and Defendant Jeonnam-do, the supervisory authority of the road of this case, are jointly and severally liable to the Plaintiff, including king treatment expenses, lost profit, consolation money, etc. which the Plaintiff suffered from the accident of this case.

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