구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On February 5, 2014, at around 14:17, A driven a NAS car (hereinafter “diver vehicle”) on the left-hand side of C driver’s car (hereinafter “diver vehicle”) driving on the high-speed side of the CVS car at the right-hand side of the C driver’s car (hereinafter “diver vehicle”) and driving on the string side of the CVS car at the right-hand side of the C driver’s car at the right-hand side of the C driver’s car (hereinafter “dive vehicle”) with the string side of the C driver’s car at the right-hand side of the C driver’s car at the right-hand side of the CV, like the attached traffic accident report.
Therefore, while the damaged vehicle is pushed down to the right, and the protection fence installed on the ground along the underground passage (hereinafter referred to as the “protection fence of this case”) was crashed on the floor at the underground passage of the 5m lower than the 5m lower.
As a result, C suffered from injuries, such as alleys No. 5, 7 in the mouth, 1, 2, and 3 in the mouths and scarkes, and damaged vehicles were treated as full-time loss, and damage was inflicted on the street in the vehicle.
(hereinafter “instant accident”). (b)
The Plaintiff, as an insurance company of the comprehensive automobile insurance contract (business use) concluded with respect to the household-going vehicle, agreed to pay KRW 48,028,330 [1,00,000,000, in aggregate as damages for the damage from April 3, 2014 to December 24, 2014] from April 3, 2014 to KRW 48,028,330, in accordance with the said automobile insurance contract.
C. The Defendant, as a local government, is a person who installs the instant protective fence and occupies and manages it.
According to the provisions of the Automobile Protection and Management Guidelines for the Installation of Road Safety Facilities established by the Ministry of Land, Infrastructure and Transport, the protection fence of this case is installed in the sections where there are some risks, such as the central separation zone, bridges, and the sections adjacent to roads, so shock level can withstanding up to 160KJ by applying SB4.