구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff concluded an automobile insurance contract with the Nonparty A and B B B B B B B B, 2.0 with the period from September 22, 2014 to September 22, 2015.
On November 3, 2014, 17:40, A was driving a vehicle on November 3, 2014, and collisioned with the two-lanes of Daejeon Daejeon, Daejeon, Daejeon, Incheon, Incheon, and the two-lanes of the two-lanes.
(hereinafter referred to as the "accident" in this case. The accident site is a place subject to the installation of a national assistance in the name of the state, which is not equipped with the section or lighting facilities corresponding to the night traffic especially dangerous place. This is an accident caused by the defendant's defect in road management, and the defendant is liable to compensate for the damages of the victims pursuant to Article 5 of the State Compensation Act, and the defendant's fault is 30%.
The Plaintiff paid 236,248,000 won to the victims as medical treatment costs and insurance money.
Therefore, pursuant to Article 682 (Subrogation by Third Party) of the Commercial Act, the plaintiff can exercise the right to indemnity against the defendant, and since the amount of indemnity is KRW 70,874,400, the amount of indemnity paid is KRW 30,00,00,000, the plaintiff shall make a final payment of the insurance money on behalf of the defendant.
It shall claim 5% interest per annum from November 27, 2015 to the delivery date of a copy of the complaint, and 15% interest per annum from the next day to the day of full payment.
2. The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to a state in which the public structure, which was donated to a public purpose, has no ordinary safety in accordance with its use. Thus, it cannot be readily concluded that there is a defect in the construction or management of a public structure on the ground that it did not have a high level of stability to the extent that it always maintains a perfect state in the construction and management of the public structure. The duty to take protective measures imposed on the installer or manager of the public structure is generally required in proportion to the danger of the public structure.