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(영문) 대전지방법원 2016.01.12 2015나105900

구상금

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

Based on the facts, the Plaintiff is an insurer who entered into an automobile insurance contract with respect to Aymbex Cargo Vehicles (hereinafter “instant vehicle”) around December 2013, 201 with the Young-gu Distribution Co., Ltd.

B, around 18:50 on July 22, 2014, driving the instant vehicle, and driving the Do first line road (hereinafter “instant road”) around the Sung-si, Sung-si, Sung-si, the coal museum, in the vicinity of Sung-si, in the direction of view from the view of the view of the view of the view of the view of the view of the view of the air, and escaping from the instant road to the right right side of the road, and shocked the communications owner on the right side of the said road (hereinafter “instant communications owner”).

(hereinafter referred to as the “instant accident”). The instant accident was injured by B, and the instant vehicle, the instant communications owner, and the said communications owner, installed outside of the said communications owner, were destroyed.

From August 2014 to September 2014, the Plaintiff paid KRW 14,452,30 (i.e., KRW 11,675,50, KRW 2,776,80) with the repair cost of the instant vehicle (i.e., KRW 11,675,500), communications owners, KRW 1,815,00 with the repair cost of the instant vehicle, and KRW 16,538,510 with the B insurance amount (i.e., KRW 14,452,30 with the KRW 1,815,000 with the repair cost of the instant vehicle).

Guidelines for Installation and Management of Road Safety Facilities (hereinafter referred to as “instant Guidelines”) - Part of Vehicle Protection Safety Facilities -

2. The functional protection fence on 2.1.1. function and type 2.1.2.1. functional protection fence is a facility with a function such as inducing drivers' facilities and suppressing pedestrians' unauthorized crossings, at the same time, preventing vehicles deviating from the normal driving route, such as the passage out of the road, the opposite direction, or the sidewalk, etc., at the same time, reducing passengers' injuries and damage to vehicles to the minimum level and returning vehicles to normal driving direction, and inducing drivers to return vehicles to normal driving direction.

2.2.2to be installed on the side of the street;

(c) A section deemed necessary in consideration of the front and rear shapes on the road with a radius of less than 300 meters from the two valleys in danger in relation to the width of the road, the shape of the road, etc.;

(d)with respect to structures;