구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B, around 19:40 on November 25, 2016, driven a C Car (hereinafter “Plaintiff”), and driven a Do road No. 82 (hereinafter “instant road”) in front of the Domo (hereinafter “the instant road”) in the direction of the Plaintiff’s running along one-lanes of the two-lanes from the surface of the e (37 years old; hereinafter “victim”) to the port from the right side of the direction of the Plaintiff’s driving, suffered injury, such as external shock shock, external shock disorder, external injury, cerebral injury, and cerebral cerebral blood, etc., by shocking the e (hereinafter “victim”).
(hereinafter “instant accident”). (b)
The plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with B, and the defendant is the manager of the road of this case.
C. From January 13, 2017 to June 27, 2018, according to the Plaintiff’s statement of KRW 485,269,130, the sum of the medical expenses and the agreed amount paid by the Plaintiff to the victim during the period from January 13, 2017 to June 27, 2018, the sum of the medical expenses and the agreed amount paid by the Plaintiff to the victim is KRW 485,786,190, plus KRW 517,060, which was paid by the Plaintiff from April 1, 2019, 485,269,130;
On December 7, 2016, the sum of KRW 486,926,230 for the repair cost of the Plaintiff’s vehicle was paid as insurance money.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 3, and 8, the purport of the whole pleading
2. The parties' assertion
A. Plaintiff 1) The instant accident location is a place where there are a large migratory population as the shopping mall and housing complex are concentrated, and where the crosswalk is deemed particularly necessary for the safety and passage of pedestrians, as stipulated in the proviso of Article 11 subparag. 4 of the Enforcement Rule of the Road Traffic Act. However, the instant accident location is limited to a place where 330 meters and 380 meters away from the two directions of the location of the instant accident location, and the Defendant did not install the crosswalk on the instant accident location. 2) The instant accident location is difficult to pass by pedestrians with the right direction of the victim’s passage, and the left area is left.