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(영문) 광주지방법원 2015.11.27 2015나52332

구상금

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1. Of the judgment of the court of first instance, the court below ruled against the plaintiff in respect of the defendant in the amount of money that orders payment below.

Reasons

1. Basic facts

A. At around 1:00 on September 24, 201, A (hereinafter referred to as “the network”) operated the motorway (hereinafter “instant road”) on the side of the Chungcheongnam-dong Inter-dong Inter-Party Inter-section in the direction of Jung-dong Inter-dong Inter-A and died on October 17, 201 (hereinafter referred to as “instant accident”) in the Maro tunnel (hereinafter referred to as “instant tunnel”) while running the motorway of the tunnel in which concrete stairs of the said vehicle was shocked to the front part of the said vehicle and being treated after re-transmission (hereinafter “instant accident”).

B. The Defendant, as an insurer who entered into a comprehensive automobile insurance contract with C, the deceased’s wife, according to the Family Injury Security Special Agreement, paid KRW 30 million to the Jeonnam University Hospital as the care expenses for the deceased, KRW 20 million as the agreed amount following death, and KRW 979 million as the total sum of KRW 22,979,000 to the deceased’s bereaved family members with the total sum of KRW 979,000,000 as the total sum of KRW 229

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, Gap evidence Nos. 2, 13, and 22, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) that the driver is difficult to secure the view of the driver in the course of the tunnel, and (2) that the driver’s negligence must install shock absorption facilities or protective fences, etc. in preparation for the collision with the structure on the road, such as concrete stairs, etc., as in the instant case, even though the driver’s negligence and the driver’s negligence, there is any defect in the tunnel entrance of the instant road, and thus, the Defendant Hanyang Co., Ltd. (hereinafter “Defendant Hanyang”) is a road manager, and the Defendant Hanyang Co., Ltd. (hereinafter “Defendant Hanyang”) is liable to compensate for the damages caused by the instant accident.

B. The Defendants’ assertion 1 was an accident that occurred solely from the care of the Deceased’s influence and rapid operation of the Hand.

The defendants are the defendants.