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(영문) 대전지방법원 2016.10.19 2016가단201712

구상금

Text

1. The Defendant’s KRW 19,386,905 for the Plaintiff and KRW 5% per annum from September 8, 2015 to October 19, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (personal compensation I, personal compensation II, property compensation, automobile injury, and automobile accident without insurance) with respect to the vehicle B gallon (hereinafter “instant vehicle”) with the network A (hereinafter “the network”). The Defendant is a person responsible for the maintenance and management of the road at the location where the following traffic accident occurred.

B. At around 20:30 on July 24, 2015, the Deceased was driving the instant vehicle at a alcohol level of 0.218%, and, at the same time, at the speed of 60km, the local highway No. 68 (hereinafter “instant road”) at the speed of 60km per hour at the speed of the restriction, was proceeding to both sides of the road at Han-do University, Han-do University, Han-do, Han-do, at the speed of 60km, into both sides of the road, while driving the instant vehicle at the speed of 68 meters per hour at the speed of the restriction, the Deceased did not plle a bended the right side, and did not pluck up the protection fence installed at the edge of the opposite road, which was surrounded by the central line, and pushed down the protection fence installed at the edge of the opposite road.

이로 인하여 망인이 이 사건 차량에서 튕겨져 나와 병원으로 이송 중 사망하였다

(hereinafter referred to as “instant accident”). C.

The instant road is a local general road. The instant accident point is a 90m in a straight line between the corner of the valley and 3.07m to 3.52m in the width of the road in the valley of the valley (3.52m in only the section of 10m through 50m in the valley of the valley, the remainder is less than 3.5m in the length of 3.5m). The instant road is a bend one with a radius of 110m in the parallel of the corner of the valley, and two to eightm in the valley of the valley of the valley.

On the edge of the opposite road, the access road section in the adjacent farmland is installed in the order of 17m and 17m and 25.23m in length (the instant vehicle shocked with the protective fence at 25.23m). The protective fence (25.23m) is installed in the beginning of the protective fence.

The protection fence (25.23m) shall be from the end to the utility pole.