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(영문) 인천지방법원 2015.07.23 2015가합52578
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 19, 2013, at around 22:40, the Plaintiff: (a) driven a bicycle for the combined use of the bicycle and pedestrians located in Seo-gu Incheon, Seo-gu (hereinafter “instant bridge”); and (b) opened a road from Seo-gu, Seo-gu, Incheon (hereinafter “instant bridge”); (c) on the part of the traffic users using the instant road, the Plaintiff entered the instant road as a compactic entrance road (hereinafter “instant approach road”); and (d) on the part of the disabled who use the wheelchairs installed on the instant bridge for those using the instant road, an accident that runs across the instant road along with the instant bicycle along with the instant bicycle (hereinafter “instant accident”).

B. The Plaintiff suffered from the instant accident, such as air tent, escape from glass, ebropical emissions from external wounds, and euthanasia, and the permanent visual impairment of the real name of the Coordinate as of the date of closing argument in the instant case.

C. The defendant is the road management authority that manages the road of this case.

[Ground for recognition] Facts without dispute, Gap evidence 2, 3, and 4 (including each number), Gap evidence 1, 7, 8, 10, 11, 12, 14, 23 through 26, 27 (including each number), Eul evidence 1-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s entry road was protruding to the road of this case to the extent that it constitutes a half of the width of the existing road. In addition, at the time of the instant accident, it was difficult to see the surrounding area at night, and the main tower of the instant bridge protruding to the road at the point where the instant accident point remains about about 10 meters. The main tower of the instant bridge (hereinafter “instant main tower”).

This was set up, but the lighting was placed on the side of the main tower of this case, but that lighting was placed on the main tower of this case, and the section from the main tower of this case to the point of accident of this case based on the direction of the plaintiff's proceeding.

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