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(영문) 서울남부지방법원 2015.07.03 2014가합111598

구상금

Text

1. The Defendant’s KRW 32,576,574 and KRW 1,777,50 among the Plaintiff and KRW 30,79,074 from November 29, 2013.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with A, an insured vehicle B, B, and C, one ton cargo of the insured vehicle A (hereinafter “the instant cargo vehicle”) and the insurance period from February 23, 2013 to February 23, 2014.

The defendant is a local government responsible for the management and supervision of the national highways located in Gyeongcheon-gu, Gyeongcheon-do.

B. A) On September 25, 2013, at around 19:02, the freight vehicle of this case was driven and the first-way road in front of the Hancheon-gun, Gyeongcheon-gun, Gyeongcheon-do, the upper half of which is located in the upper half of the Gyeongcheon-gun, Gyeongcheon-do (hereinafter “instant road”).

(B) While operating the cargo at the permanent address of the Republic of Korea, he/she neglected his/her duty and duty to accurately operate the steering gear and operating the steering gear and brakes on the right side of the cargo of this case, he/she operated the hand to the right side, shocked the cargo of this case into the front right side of the cargo of this case, and fell down below five meters in height (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, C and D were dead, respectively.

C. Under the automobile insurance contract concluded with A, the Plaintiff paid KRW 14,973,810 in total from November 20, 2013 to March 7, 2014, and KRW 11,850,000 in total as the total indemnity insurance amount of the instant cargo vehicle on November 28, 2013, and KRW 60,353,350 in total as the death insurance amount of the instant cargo vehicle on May 15, 2014, and KRW 130,000 in total as the death agreement amount of KRW 130,00,000 in each of the following dates: < Amended by Act No. 12935, Jul. 31, 2014; Act No. 12953, Nov. 28, 2013>

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 10 through 13, 18 through 21, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant road ought to be installed with a protective fence in accordance with the Rules on the Standards of Road Structures and Facilities and the Guidelines for the Installation and Management of Road Safety Facilities, which are the 80-meter radius of the valleys at the left side.

The road of this case.