구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A and B ASEAN (hereinafter “Plaintiff”) including a security for self-vehicle damage.
B. On July 21, 2017, around 11:45, the Plaintiff’s vehicle, which is a part of the National Highway 3 Line Alternative Road, was proceeding with the Ro-gu 234-10 adjacent Ro-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “instant road”) to enter the Ro-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “instant road”), parked on the opposite road more than the aforesaid central separation zone with a height of 27 cm installed in the straight line located in the straight line of the first-lane road, and
(hereinafter referred to as “instant accident”). C.
By August 12, 2017, the Plaintiff paid KRW 92,730,00 with the repair cost of the Plaintiff’s vehicle and KRW 464,00 with the repair cost of the central separation zone, and KRW 93,194,000 with the insurance proceeds.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, 10 through 12, 16 through 20, Eul evidence 1, 2, 4 and 7, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The purport of the Plaintiff’s assertion is that the Defendant, who is the manager of the instant road, neglected to install facilities, etc. that notify the road of the fact that there was a cost for the central separation of traffic accidents, thereby causing the occurrence of the instant accident and the expansion of damages. Since the Defendant’s liability ratio for the instant accident is equivalent to 50%, the Defendant is obliged to pay the Plaintiff the indemnity amounting to KRW 46,597,00 (= KRW 93,194,000 + 50%) and damages for delay.
B. The following circumstances, which can be seen in full view of the overall purport of the pleadings in each of the aforementioned evidence and evidence Nos. 3 and 5, namely, the Plaintiff’s vehicle is the straight line section of the instant road, the bend section of the rond, and the ronding section of the instant road, and the ronding section of the ronding slope.