구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. At around 00:50 on April 3, 2015, A, around 00:50, driven a road (hereinafter “instant road”) under the Cwing-gun, Ulsan-gun, Ulsan-gun, a river (hereinafter “instant vehicle”) located at the Gacheon-gun, Ulsan-gun, a new apartment room located in Ulsan-gun, and proceeded with the said A reservoir room. At the same time, A was under the influence of alcohol level 0.165%, due to the negligence in violation of the duty of Jeonju-si, and the operation of steering devices and brake devices, etc., which was installed in the direction of proceeding as the front offender of the instant vehicle, and shocked the old-way bank fence (hereinafter “the instant Garail”).
(hereinafter “instant accident”). (b)
As a result of the instant accident, C, on the top of the instant vehicle, was injured by the cutting of the right to the right to the lower part and the pressure trag, etc.
C. A, the father of A, the owner of the instant vehicle, subscribed to the liability insurance for the instant vehicle to the Plaintiff, and the Plaintiff paid C KRW 67,162,50 with the insurance proceeds of the instant accident.
Meanwhile, the father of C entered into an automobile insurance contract with the Plaintiff, and the Plaintiff paid KRW 113,075,700 to C with the insurance proceeds of the instant accident in accordance with the aforementioned non-life insurance coverage agreement.
[Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence Nos. 2 through 7, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion led to the instant accident, which led to C by drilling a part of the instant Rails to the top of the instant vehicle.
The accident of this case is due to defects that the defendant, as the road management agency of this case, did not properly deal with the dives of the dives stipulated in the guidelines for the installation and management of road safety facilities.
Therefore, the defendant paid to the plaintiff who acquired the right of the insured pursuant to Article 682 of the Commercial Act.