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(영문) 전주지방법원 2018.05.17 2016나9622

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this part of the judgment of the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is used or added as follows. As such, this part of the judgment is cited

[Supplementary or supplementary parts] Class 8 to 11 of the judgment of the court of first instance shall be followed as follows.

On March 5, 2013, the Plaintiff concluded a comprehensive motor vehicle insurance contract with respect to B New E&V vehicles owned by A (hereinafter “instant motor vehicle”), and according to the terms and conditions of the said comprehensive motor vehicle insurance contract, the insurance company acquires the right of the insured against a third party in the event of a self-physical accident.

The defendant is the manager of the king-si Highway at a point of 174.5 km away from the king-si Highway (hereinafter referred to as the "Road of this case").

Part 3, 14, and 15 of the judgment of the first instance shall be followed as follows.

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 4, 9 through 11, 17, 18 (including serial numbers; hereinafter the same shall apply), and Nos. 5, 18 of the first instance court's decision as to the whole purport of the pleadings. ‘The Guidelines for Installation and Management of Road Safety Facilities by the Ministry of Land, Transport and Maritime Affairs is not to install shock absorbing facilities on the part of all protective fences, but to install the facilities at a high risk of accident. The appraisal result of the appraiser D by the court of the first instance is that there is a danger in considering the structural characteristics of protective fences, and there is no special danger in considering only the road itself without considering protective fences. Thus, the above appraisal result alone does not lead to the fact that it is difficult to see that the road of this case is highly dangerous, i.e., the road of this case., the accident of this case.