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(영문) 서울중앙지방법원 2014.09.23 2014가단16041

구상금

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1. The Defendant: (a) KRW 27,400,000 for the Plaintiff and 5% per annum from January 18, 2014 to September 23, 2014; and (b).

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A regarding B Poter Cargo (hereinafter “Insurance Vehicle”) and the Defendant is a person who is responsible for the maintenance or management of national highways No. 43.

B. On December 1, 2013, around 20:55, around 43, 2013, A driving insured vehicles under the state of drinking alcohol concentration of 0.178% in Geumcheon-gu, Geumcheon-si (hereinafter “the point at which the instant accident occurred”) near the national highways No. 43 (hereinafter “the point at which the instant accident occurred”) and caused C’s death by shocking C’s DNA wheeled car (hereinafter “victimd vehicle”) that had been normally driven on the opposite lane due to negligent negligence over the central line.

C. On January 17, 2014, the Plaintiff paid KRW 137,000,000 as damages by mutual agreement with C’s bereaved family members.

[Ground of recognition] The descriptions and images of Gap evidence 1, 2, 3-1 through 5, 4, 5, 6, and Eul evidence 1, 2, and 3, and the purport of the whole pleadings

2. According to Gap evidence Nos. 7, 8, 9, and Eul evidence Nos. 4 and 5, the point of the accident in this case is that the point of the accident in this case is 60km per hour, 60km per hour, and 2 lanes, and the vehicle protection safety facilities in the Guidelines for the Installation and Management of Road Safety Facilities are installed in all sections except where the distance between signal crossings among the general national roads is short and it is difficult to install a simple part of the road. The accident in this case was installed at the point of the accident in this case, but the bank of this case was installed at the center of the center of the past separation, but at the point of the accident in this case, the bank of this case removed the bank protection fence with the reduced area of possession and replaced with the starting enclosed. The accident in this case, such as the point of the accident in this case, is higher than the point of the accident in this case.