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(영문) 서울중앙지방법원 2018.07.17 2017나64622
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A corresponding to the amount ordered to be paid below shall be revoked.

Defendant.

Reasons

1. The judgment of the first instance court of this Court rejected the lawsuit against the joint defendant D before the plaintiffs' remanding.

The plaintiffs appealed against this and appealed before the remand, the court of the first instance accepted part of the plaintiffs' claims against the bankruptcy debtor, who is the administrator of the above company H, and the bankruptcy debtor, who is the administrator of the above company H, in exchange for change in the trial before the remand, and dismissed the remaining claims.

Since then, the part of the plaintiffs' claim against the above defendant was separated and finalized because the bankruptcy trustee I did not appeal against the above debtor, who is the administrator of the above company H, the rehabilitation debtor who is the joint defendant defendant corporation D prior to the remand.

Therefore, the scope of this court's trial after remand is limited to the plaintiffs' claims against the Seoul Special Metropolitan City and Gangdong-gu Seoul Metropolitan City judgment before remand.

2. On November 23, 2012, under the influence of alcohol at around 02:23, the Plaintiff A operated Otoba while driving 0.061% of alcohol level, and driving approximately 60 meters to the left at a three-lane of the three-lane road of G 3rd line in Gangdong-gu Seoul, Seoul, for the left-hand turn from G 0.061%, Plaintiff A suffered from the injury on the left-hand petal petros (hereinafter “instant accident”). While Plaintiff A did not discover the gravel for construction works at the above three-lane, the width of which is 3.5 meters, and 1.2 meters away from the road to the right-hand 16 meters away from the road.

The road in which the instant accident occurred is occupied and managed by the Defendant Seoul Special Metropolitan City (hereinafter referred to as the “Defendant Seoul Special Metropolitan City”), and D (hereinafter referred to as “D”) is awarded a contract for the improvement of the street growing environment of the sidewalk abutting on the said road by the Defendant Gangdong-gu Seoul Special Metropolitan City (hereinafter referred to as “Defendant Gangdong-gu”) who is the contracting authority, and is used and left before the said construction.

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