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(영문) 서울고등법원 2016.08.30 2015나2056336
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly share the Plaintiff KRW 219,556,977 and this.

Reasons

1. Facts of recognition;

A. Under the Act on Public-Private Partnerships in Infrastructure, the Defendant Ansan-si concluded a concession agreement (hereinafter “the instant concession agreement”) with the Defendant, around September 2010, on the part of the Hansung-si, the management agency of the roads in front of the furniture complex (hereinafter “the instant roads”), which concluded the sewage culvert maintenance project (hereinafter “the instant construction agreement”) with the Defendant, and the Defendant Puri-si, a company that performed the construction work of the sewage culvert maintenance work (hereinafter “the instant construction work”).

Defendant Masung-si is the competent authority, and Defendant Masung-si contracted the instant construction to Geumho Construction Co., Ltd. as the project implementer, and Defendant Gangnam-si Co., Ltd. (hereinafter referred to as the “Defendant Dasan Construction”) is the company that executed the instant construction under a subcontract for part of the instant construction from Geumho Construction Co., Ltd.

B. Around December 2, 2013, Defendant Gangseo Construction completed the work of cutting part of the edge of the instant road and laying sewage conduits underground, and carried out concrete production works on the ground surface, and did not take special safety measures around the said two production work site.

C. At around 09:50 on December 2, 2013, the Plaintiff passed the road of this case where a bicycle is working for a concrete double production, riding a bicycle, and the front wheels of the bicycle was placed in a concrete with no hard concrete, causing injury, such as damage to light water and water by bicycle riding in the future.

(hereinafter “instant accident”). D.

Defendant Gangseo Construction Co., Ltd. was prosecuted as a crime of injury caused by occupational negligence on September 25, 2014 (2014da736) from the Daegu District Court Port Branch (2014Ma736) on September 25, 2014 to “the place where many unspecified people pass in the vicinity of the instant road, and thus, the entry prohibition sign, warning sign, so as not to cause any accident by passing through the concrete production work site.

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