구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 9, 2013, the Plaintiff is an insurance business entity that entered into a comprehensive automobile insurance contract with Nonparty A for a period of one year with respect to B Kaman vehicle (hereinafter “instant vehicle”).
B. On October 6, 2013, around 20:00, the instant vehicle was driven by the said driver, and the said driver died (hereinafter “the instant accident”). On October 6, 2013, the said driver: (a) while driving the instant vehicle and driving the “local highway No. 740, 740, adjacent to the reservoir in the sloping-gun, Gyeongbuk-do, Gyeongcheon-do, Gyeongcheon-do, Gyeongcheon-do, Sung-do; (b) on the right side of the bend from the sloping road to the right side of the water; and (c) the said vehicle was crashed into the Gyeongcheon-do reservoir without
C. On November 15, 2013, the Plaintiff paid a total of KRW 100,395,770 to the deceased’s inheritors under the said comprehensive automobile insurance contract with respect to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion is an agency that manages and supervises the road of the accident site of this case and has the duty of care to manage vehicles operating on the road in a safe way. Since there is a light reservoir near the accident site of this case, there is a light reservoir, the vehicle driver is negligent in not installing the above facilities even though the vehicle driver should induce the driver of the vehicle to stop the stop line and prevent the vehicle from falling down on the reservoir by absorbing the shock of the vehicle in the event of the accident, and the above negligence of the defendant contributed to the expansion of damages caused by the accident of this case.
(1) In addition to Article 750 of the Civil Code, the plaintiff asserts liability based on Article 758 of the Civil Code, but he takes the responsibility based on Article 5 of the State Compensation Act, a special law. Therefore, the defendant is the defendant's fault out of the amount of damages borne by the plaintiff due to the accident in this case.