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(영문) 광주지방법원 2017.09.20 2017가단504874

손해배상(기)

Text

1. The Defendant’s KRW 7,031,831 and the said money to the Plaintiff are 5% per annum from May 24, 2013 to September 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with Nonparty A with respect to BRano 4.5 tons of cargo vehicles (hereinafter referred to as “the Plaintiff’s vehicle”). Nonparty Sea C is a driver of Dalobba in conflict with the Plaintiff’s vehicle on the part of the Plaintiff, and the Defendant is also the construction and manager of the Gun-based road (the road between the old galmale and the front galmale, and the instant road; hereinafter referred to as the “road”).

B. At around 17:40 on March 4, 2013, Nonparty A: (a) driven the Plaintiff’s side and entered the instant road from 19 lines of the national highways near the 5th parallel of old Dogri-ri-ri-ri, the Gu road located near the 5th parallel of the former Dog-ri-ri (the Gumpi-si bank of the south city) to the instant road (hereinafter “the intersection distance in the instant case”); and (b) is the intersection distance in the instant case.

2) The three-distance intersection of this case is a three-dimensional distance, which leads to the left and right of the road from the 19-line line of national highways (the old-gun bank section in the south city) to the road of this case.

Plaintiff

On the other hand, the vehicle from the intersection of the instant three-distance to the left and entered the road of this case, and approximately 6.5 meters away from the point at which the instant accident occurred (hereinafter referred to as the point at which the instant accident occurred). On the other hand, the vehicle at the left side of the road of this case (on the right side of the photograph below, operation to the intersection below the opposite side of the road), and the network C died of two alleys due to the said collision at around 18:05 on March 4, 2013.

C. On May 23, 2013, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 70,318,310 to the deceased’s surviving family members (such as materials on death, funeral expenses, other losses, and profit-making loss).

Article 5 of the State Compensation Act (amended by Act No. 14184 of May 29, 2016) (1) of the Act on the Construction and Management of Roads, Rivers, and other public structures.