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(영문) 서울중앙지방법원 2016.03.31 2014가단5318292

구상금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running non-life insurance business, such as automobile insurance, and a person who has concluded an automobile insurance contract with Nonparty 1 and A (hereinafter “instant vehicle”).

B. The defendant is the managing body of the maintenance and repair of the second circular road in Gwangju.

C. On June 12, 2014, at around 5:00, the instant vehicle runs along the three-lanes from among the three-lane roads in the direction of the Gwangju Metropolitan City, the second cycle road in the direction of the Gwangju Metropolitan City.

The road is dissleeped in the vicinity of the intersection, the right-handdle of the road is shocked, and it is turned back to the intersection moving into the right-hand intersection of the road.

(hereinafter “instant accident”). D.

On August 28, 2014, the Plaintiff paid 80,060,000 won for automobile repair costs, 4,162,000 won for the recovery of substitute goods, and 85,831,040 won for medical expenses, 1,609,040 won.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Gap 7-1 through 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s asserted road protection fence is a traffic safety facility that enables a vehicle leaving the road to return to its own lane due to an unforeseen reason. While the Defendant followed the guidelines at the time of construction in the vicinity of the instant accident, in violation of the regulations and guidelines related to the installation of the protection fence since 2001, the Defendant installed a protection fence that gradually lowers the beam on the ground, and maintained the protection fence that had the risk of a bareboat accident for 13 years since the revision of the regulations and guidelines.

As a result, the instant vehicle is dissleeped, and a single part fixed on the ground was removed from a protective fence, and it was destroyed with a big damage.

Ultimately, since the damage was increased due to defects in the construction and management of the defendant's protective fence, the defendant is obligated to pay 40% of the total amount of damage to the plaintiff.