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(영문) 서울중앙지방법원 2016.07.15 2016나22577
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On March 10, 2015, the Plaintiff asserted that: (a) returned home at the frequency located in the Nowon-dom Fisheries Market, around 05:10 on March 10, 2015; and (b) went back to a cover of the drainage managed by the Defendant; and (c) went out of a cover of the crepan, the Plaintiff received two weeks’ diagnosis of injury

As a result, the Plaintiff sustained damages of 379,080 won for medical treatment, 460,000 won for Handphones, and 11,520,500 won for lost profits. This is due to the Defendant’s negligence that did not properly manage the multiple cover, and thus, the Defendant is liable to compensate for the above damages.

2. In full view of the following circumstances acknowledged by the entire purport of the pleading in the statements and videos (including paper numbers) Nos. 2, 4, and 6 of the judgment, namely, in light of the size, shape, depth, and degree of cover of the drainage hole of this case where the width is narrow and is seen to be part of adult confidence, the Plaintiff seems to have not been exposed even if he was ordinarily aware of it as a general pedestrian, not to have opened a cover for the drainage of this case; the Plaintiff was under the influence of alcohol at the time; the Plaintiff appears not to have been able to pay a minimum attention; and the investigative agency may not be deemed to have been negligent on the ground that it is difficult for the manager of the cover with the drainage of this case; the evidence submitted by the Plaintiff alone is insufficient to deem that the Defendant was responsible for negligence in the management of the opening of the drainage of this case; and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim of this case is without merit without examining the scope of damages.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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