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(영문) 의정부지방법원고양지원 2016.11.18 2015가합76127
손해배상(기)
Text

1. The Defendant: (a) KRW 28,712,231 for Plaintiff A and its related costs from August 30, 2014; and (b) KRW 70,476,298 for Plaintiff B and its related costs.

Reasons

1. Facts of recognition;

A. The section from the access road between the commercial buildings and the farm located in Seoyang-gu, Seoyang-gu, Seoyang-gu, D (E) to the inside of the road is connected by a passage of about 2 meters wide. The above passage road between the above passage road is installed or crops are cultivated, and a ditch of about 2.3 meters in depth and about 3 meters in width is located below one side of the above passage road (hereinafter “the ditch of this case”).

In accordance with the relevant laws and regulations, the Defendant, who is in charge of the installation, management, etc. of the opening facilities of the instant ditch, owned by the Republic of Korea, performed the opening construction of the said 100-meter section from the vicinity of the 6rd line road in the instant ditch from the above 100-meter radius (the point where the said opening construction was completed, as seen earlier, is the point where the Plaintiffs felled), and the part executed by the said opening construction is combined with the side passage and used as one passage.

As above, among the ditches of this case, approximately 2.3 meters in depth and approximately 3 meters in width are located immediately below the point where the reconstruction work is completed (hereinafter “the site where the instant accident occurred”).

B. On August 30, 2014, the Plaintiff A, who occurred the instant accident, was the pastor of the I church belonging to the H religious organization located in Gyeyang-gu G, Gyeyang-gu, Gyeyang-gu, and around August 20:20, 2014, the part covering the instant ditches was the same, and it is only clear that the instant facilities were completed at the place where the instant accident occurred, and it was cut down below the instant ditches, which is about 2.3 meters in depth.

Plaintiff

A suffered from injury, such as a dushes, etc. on the right-hand fright-hand edge, which requires medical treatment for about 12 weeks due to the foregoing accident, and was hospitalized in the J Hospital located in Gyeyang-gu, Seoyang-gu, Yangyang-gu and discharged from the hospital on September 20, 2014.

Plaintiff

B is engaged in agriculture.

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