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(영문) 의정부지방법원 2019.05.30 2018나214723
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiffs' claim corresponding to the above revocation part is filed.

Reasons

1. Facts of recognition;

A. The Plaintiffs are legally married couple, and the Defendant is entrusted by the Republic of Korea with the authority to manage the roads and sidewalks established in the direction of the Support Center for the Hawing-gu, the 2nd parking lot located in the direction of the Support Center for the Hawing-gu, the 550-ro, the U.S. T

B. A around 09:00 on November 18, 2016, Plaintiff A was faced with the left-hand knee’s alleys of the left-hand knee, knenee, knenee, knee-ro 550-road reporting (hereinafter “the instant report”) going beyond the direction of the support center at the second parking lot in the transmission.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1-1 and 4-1, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. While Plaintiff A was at the edge of the instant news report, Plaintiff A suffered an accident of this case due to a 2 ccV higher than that installed on the front of the instant news report. This was caused by a defect in the installation or management of the instant news report by the Defendant.

Therefore, the Defendant, who was entrusted with the management authority of the instant report by the Republic of Korea, is liable to compensate the Plaintiff for damages incurred therefrom.

B. Determination 1) According to each of the statements in Gap evidence 10-1 to 5, Gap evidence 2, and Eul evidence 3, it is recognized that there are 2 cm in height at the string of the instant report installed at the edge of the instant report. However, it is examined whether the instant accident was caused beyond 2 cm in height at the edge of the instant report.

위 사실과 관련하여 가장 주요한 증거는 갑 제10호증의 1 내지 5의 각 기재인데 위 각 사실진술서의 경우 모두 같은 내용에 제출자가 서명, 날인만 한 것으로, 그 내용은 원고 A가 갑자기 쓰러지면서 차도 쪽으로 뒹굴며 넘어져 왼쪽 무릎을...

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