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(영문) 서울중앙지방법원 2015.03.20 2013가단330351

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At around 14:00 on July 27, 2008, A, driving a B low-speed vehicle, and driving a road of one lane prior to a restaurant located in Gwangju City (hereinafter “instant road”) on the surface of the Do repair in front of the Don-si in Gwangju City, conflict with E, which was walking on the right side of the above vehicle in the same direction as the running direction of the above vehicle, with the right side of the above vehicle.

(See attached Form 1, hereinafter referred to as “instant accident”). B.

As an insurer who entered into an automobile comprehensive insurance contract with F in relation to the foregoing vehicle, the Plaintiff paid insurance proceeds of KRW 45,740,970 as agreed money, KRW 175,046,240 as agreed money, KRW 220,787,210 as agreed money, and KRW 220,787,210 as agreed money, until December 12, 2013, to the hospital that treated E and E.

[Ground] Facts without dispute, Gap 1-9, 11 evidence, Eul 2 evidence (including paper numbers)

2. The plaintiff's assertion and judgment

A. The accident site of this case by the Plaintiff is a defect in which pedestrians are forced to walk by using the lane because the roadside shoulder, etc. according to the Rules on the Standards for Structure and Facilities of Roads is not installed and managed.

As above, since defects installed and managed by a road are one of the causes of the instant accident, so that pedestrians are bound to move along the lane, the Defendant, who is the construction and management authority of the instant road, is obligated to pay to the Plaintiff the amount equivalent to 30% of the Defendant’s fault ratio out of the insurance proceeds paid by the Plaintiff in connection with the instant accident.

B. According to the evidence revealed earlier, the road in the vicinity of the accident site at the time of the accident at the time of the accident is somewhat inconvenient for pedestrians to walk along the road as a shoulder due to a brush, etc. on the right-hand side at the time of the accident, and therefore, it seems that pedestrians have no choice but to walk along the lane.

However, in light of the following circumstances, the instant accident is a violation of A’s duty of prior evacuation.