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(영문) 서울중앙지방법원 2014.01.15 2013가단5097147

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the insured with respect to B vehicles B (hereinafter “instant vehicle”) by setting the insurance period from February 23, 2013 to February 23, 2014. The Defendant is a person who installs and manages a local highway No. 67 local highway that connects the management of the dwarl-gun of Gyeongbuk-gun, Sungbuk-gun, Sungbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun.

B. At around 16:55 on May 22, 2013, C, driving the instant vehicle, caused an accident (hereinafter referred to as “instant accident”), which led to the shocking of the soundproof wall, which was installed on the right side of the said vehicle (the top of the soundproof wall installed on the right side of the said vehicle (hereinafter referred to as “instant accident”), caused the said vehicle’s damage to the said vehicle, and caused the said vehicle’s damage to the front right side of the instant vehicle, while driving the local highway No. 67 of the said two-lanes on the road near the Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-do, Gyeong-do, and was on the right side of the said vehicle.

C. The Plaintiff paid KRW 66,050,000 (A’s accident insurance amount of KRW 10,000,000) for the instant vehicle repair cost of KRW 56,050,00 due to the instant accident.

Meanwhile, Article 37(1) of the Road Act provides that "the structure, facilities, and maintenance of roads, safety inspection, and repair of roads shall be in accordance with the standards determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs," and the regulations on the structure and facility standards of roads (Ordinance of the Ministry of Land, Transport and Maritime Affairs) provide that "where deemed necessary for the prevention of traffic accidents, traffic safety facilities, such as crosswalks, overpasses, traffic safety signs, protection fences, lighting facilities, starting-way guiding facilities, shock absorption facilities, etc., shall be installed" (Article 38(1)), and "the standards for