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(영문) 청주지방법원 2016.10.13 2015가단114166

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is the insurer of the vehicle A (hereinafter “accidented vehicle”), and the Defendant is the manager of the State-funded local highway No. 32 (hereinafter “instant road”).

B On April 11, 2015, driving an accident vehicle around 19:50, and driving the instant road from the face of the inquiry office to the face of Daejeon, and collisioned with the opposite vehicle C by breaking the center line on the left-hand side at the friendly section of the accident site.

(hereinafter “instant accident.” However, since the instant road is a road with a speed of 60km per speed, which has a high level of escape and falling risk because of the large sections of the road, the Cheongho-ho and the Do have a high level of escape and falling risk, it is considerably short of the standards prescribed by the Rules on the Standards for Road Structures and Facilities (hereinafter “Rules”), and there was no facility prescribed by the Enforcement Rule of the Road Traffic Act, such as the road signs or dangerous signs at a speed of 60km.

The defendant's negligence also caused the occurrence of the accident of this case, and the ratio is 40%, so the defendant is obligated to pay the amount stated in the claim to the plaintiff after the accident of this case.

B. According to the reasoning of the judgment, each statement of No. 1 and No. 11 (including each number), and the result of the on-site inspection of this Court, it is recognized that the road of this case has various problems, as alleged by the plaintiff, to the extent that it is difficult to normally operate without breaking the central line even if driving at a speed of 16:00 to 16:30 meters per hour prior to sunset, even if driving at a speed of 16:0 to 60km per hour, it is difficult

On the other hand, however, comprehensively taking account of each of the evidence Nos. 6 through 12 (including each number) and the purport of the whole of the arguments as a result of the on-site inspection by the court, the time of the accident in this case is already sunset.