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(영문) 서울중앙지방법원 2018.04.11 2017나81238

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to B-End Vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is a local government responsible for building and managing the national highways No. 45 (hereinafter “the national highways of this case”) between A-Ensan-Enpo-Enpo-si, A-Enpo-si, A-Enpo-si.

B. On January 5, 2017, around 18:04, A, while driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle at a three-distance intersection at the entrance of Asan City C (hereinafter “instant intersection”) along the instant national road on the breath section set up at the Asan Sea according to the traffic signal, conflict with the FK 7 vehicles for E driving, which turn to the left from the right edge of the Plaintiff’s vehicle to the left left at the Asan Sea according to the left turn signal (hereinafter “victim”).

(hereinafter referred to as the “instant accident” and the traffic signal apparatus installed at the instant intersection shall be referred to as the “instant traffic signal apparatus”).

As a result of the instant accident, the Plaintiff’s vehicle and damaged vehicle were damaged, and E, a driver of the victimized vehicle, suffered injury. From February 2, 2017 to March 22, 2017, the Plaintiff paid the insurance proceeds of KRW 1,495,670 in total, including KRW 1,490,930 in treatment costs and the amount agreed upon due to the instant accident, KRW 1,490,930 in repair costs of the Plaintiff’s vehicle, KRW 2,104,00 in terms of repair costs of the damaged vehicle, and KRW 5,090,60 in total (= KRW 1,495,670 in + + KRW 1,490,930 in + KRW 2,104,00 in total).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 7, Gap evidence Nos. 3, 4, and 6, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The accident in this case occurred due to an erroneous operation where the right turn turn turn turn turn turn turn turn turn turn turn on the right side of the Plaintiff’s vehicle driving direction at the intersection of this case. The Defendant, who is the installer and manager of the traffic signal of this case, is a public structure.