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(영문) 서울남부지방법원 2020.07.23 2019가단201215
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is the managing body of street trees located in front of the Fow in Jongno-gu Seoul Metropolitan Government E.

B. On May 31, 2018, Plaintiff A, while drinking at around 22:30, went to the roadway and went to the roadway, was caused by an accident where the soil on the surface of the earth in the protective framework of the roadside trees (hereinafter “instant roadside trees”) located near the back in the process of returning back to India (hereinafter “instant roadside trees”), coming to a hole in which the soil on the surface of the earth in the protective framework of the street trees located in the vicinity, and the head of the aftermath was faced with India (hereinafter “instant accident”).

C. On June 1, 2018, Plaintiff A returned to the vicinity of the instant accident. At around 05:13 on June 1, 2018, the next day, Plaintiff A was expected to sit in the front of the G building in front of the Jung-gu Seoul Metropolitan Government, and went back to the National Medical Center. On the same day, around 06:23 on the same day, Plaintiff A was sent to an emergency room of the National Medical Center by the 119 first aid team, and was in the state of consciousness unknown until now.

Plaintiff

B is the wife of Plaintiff A, and Plaintiff C and D are their children.

[Ground of recognition] Evidence Nos. 1 through 8, Evidence No. 1, Eul No. 2, Evidence No. 4 (including each number), and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. According to Article 3 subparagraph 6 of the Seoul Special Metropolitan City Ordinance on the Protection of Street Trees of this case (No. 6021), Plaintiff A’s assertion refers to a facility installed separately from the sidewalk on the lower part of the street trees in order to secure the growth area of the street trees and prevent damage from pedestrians, etc.

However, according to Article 3 subparagraph 7 of the Ordinance of the Seoul Special Metropolitan City (No. 6021) of the Protection Covering Act, it refers to facilities, tree scraping objects, gravel, etc. to facilitate water absorption, air circulation, etc. by preventing the hardening of soil in the planting belt.

The accident of this case was caused by the defect existing in this case, and due to this, it was caused by the depression of credit.

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