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(영문) 부산지방법원 2014.05.28 2013가합15831
손해배상(기)
Text

1. The Defendant’s KRW 241,689,003 for the Plaintiff and KRW 5% per annum from October 20, 2009 to May 28, 2014.

Reasons

1. Basic facts

A. (1) On October 18, 2009, the Plaintiff is driving a B-A-purd motor vehicle around 20:00 on October 18, 2009, and the Plaintiff is a 1022 local road (hereinafter “the instant road”).

(B) the point at which the drown Day was removed from approximately 8m in the process of removal for the convenience of the Corporation while the part of the line improvement project in the water depository proceeds from the original road to the water bank (hereinafter “the point at which the instant accident occurred”).

In the lower instance, the instant accident fell (hereinafter referred to as “instant accident”).

(2) The Plaintiff suffered serious injury equivalent to class 1 of the disability that prevents independent living, such as physical disability, pedestrian disability, and urinal disability, due to the instant accident, due to the death of the Plaintiff.

B. On August 1, 2009, the Defendant entered into a contract with Mau Construction Co., Ltd. and west-ro on August 1, 2009 on the part of the road in which the instant accident occurred as a manager of the instant road, as part of the project to improve the substantial part of slope and sculing among the instant roads. At the time of the instant accident, Mau Construction Co., Ltd., which had been performing the said construction work on its own.

C. The instant accident point was the point at which the Korea Electric Power Corporation removed approximately 8 meters of the existing diversity day in the process of moving the Korea Electric Power Corporation established on the road of this case at the Defendant’s request. However, the instant accident was caused by the Plaintiff’s vehicle driving through the said point where the diversday was removed from the road, and the Plaintiff felled into approximately 5 meters below the said diversing. On the next side of the point at which the Plaintiff fell, there was a number of surplus sites in which the vehicle traffic, etc. or construction materials, etc. can be stored for the diversity construction for the diversity construction.

The vicinity of the accident point of this case is the road section which has a lot of excavations on the left and right.

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