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(영문) 서울서부지방법원 2017.09.15 2016가단251355

구상금

Text

1. The Defendant’s KRW 74,907,063 as well as the Plaintiff’s annual rate from March 30, 2016 to September 15, 2017.

Reasons

1. According to the evidence No. 1 to No. 4 of the basic facts, the facts constituting the cause of the claim as stated in the attached Form are recognized.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred due to the defendant's failure to manage the shoulder of the road, and it was inevitable to use the vehicular road due to the lack of pedestrian reports by the victim's knife and the knife of the shoulder, etc., and there was no streetlight at the time of the accident.

Therefore, since the accident of this case conflicts between the driver's negligence and the defect in the construction, preservation, and management of the road of this case by the defendant, the defendant is liable to compensate at least 30% of the damage caused by the accident of this case. Since the plaintiff compensates the victim B for all the damage caused by the accident of this case, the plaintiff is entitled to the payment of the amount stated in the claim in subrogation of the insurer's damage claim against the defendant of this case by subrogation in accordance with

B. (1) As seen below, the Defendant is liable to compensate for the damages incurred due to the instant accident, since the Defendant installed a narrow shoulder width, did not maintain the conditions necessary for walking, did not occupy lighting facilities, etc., thereby affecting the occurrence of the instant accident and the expansion of the damages.

(A) Article 12 of the Regulations on the Standards for Structure and Facilities of Roads provides that a road shall be connected to a roadway and a shoulder shall be installed. According to the grounds for the above recognition, the road of this case is at least 60km and less than 80km in speed, and the road of this case is at least 60km and less than 80km in speed. Thus, even though the defendant is obligated to install a shoulder corresponding to the width of at least 1.5 meters, it is recognized that the defendant installed a shoulder with a width of at least 1m in width. At the time of the accident, it is recognized that it was very difficult for the general public to walk as the miscellaneous and grass are cut down at the length of the above 1m.

Recognizing that this has not been established.