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(영문) 대구지방법원 2017.06.16 2016가단114788
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 14, 2016, the Plaintiff driven a B-wheeled vehicle (hereinafter “the instant two-wheeled vehicle”) and driven a two-lane road in the direction of the Daegu Science Investigation and Investigation Institute (hereinafter “the instant two-lane road”) in the direction of each raw distance in the direction of the Daegu Military Civilian and Investigation Institute.

B. The instant road that the Plaintiff was proceeding is close to the straight line, and the two lanes are reduced to one lane by one lane, and the two lanes are divided into non-packaged land, and concrete access roads are constructed more than 12 cm compared to the non-Packing land.

C. While the Plaintiff had entered and driven the above non-packageded land portion while driving the road of this case, the front wheels of the instant non-packagedd land was compared to the concrete access road with a higher wheels than the non-packagedd land portion. As a result, the Plaintiff suffered injury, such as credit spawn, right-to-hand spathn, and cage spathn, etc., which require six weeks’ treatment, and the instant two-wheeled vehicle was destroyed.

(hereinafter “instant accident”). D.

Before the site of the instant accident, a speed limit mark of 60km was installed on the instant road surface near the location where the instant accident occurred, and street lamps were installed at the location near the location where the instant accident occurred, and there was no sign prohibiting entry into, or prohibiting entry into, the non-packaged part of the instant road at the location where the two-lanes of the instant road are connected to the road that enters one square meter.

E. The defendant is the management agency of the road of this case.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8 (including virtual numbers), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The defendant packaging the above non-packaged road in the direction of the plaintiff's proceeding and risks of accidents to road users.

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