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(영문) 서울중앙지방법원 2015.05.28 2014가단5036699

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C vehicle (hereinafter “instant vehicle”) with B. The Defendant Republic of Korea is the subject of the responsibility for the construction, preservation, and management of the national highways in front of the E-owned station located in Sejong Special Self-Governing CityD. Defendant A is a person who acquires and operates the said E-owned station around October 2007.

B. B, around 14:15 on August 13, 2012, driving the instant vehicle, driving the instant vehicle at F, and driving the instant vehicle at the speed of 81km to 90km from Daejeon to the astronomical direction, depending on the two-lane two-lane national highways in front of the E station in Sejong Special Self-Governing City (hereinafter “instant accident”), and driving the instant vehicle at the speed of 81km to 90km, as shown in the attached Table on the site of the accident, caused a traffic accident shocking the road separation zone at the entrance of the said station (hereinafter “instant chemical accident”). Accordingly, B and F died.

C. The location of the instant accident was between the instant national highways, which was the owner of the relocation of the instant gas station and the instant national highways, with permission to occupy and use the said gas station around September 2004, by connecting the access roads to the said gas station with the said national highways, and constructed the instant gas station at the boundary points between the national highways and the gas station.

By March 21, 2013, the Plaintiff paid KRW 205,127,450, including agreed money and medical expenses, to the bereaved family members, etc. of the Deceased.

E. Article 37(1) of the related Acts and subordinate statutes and guidelines at the time of the instant accident (Act No. 11471) provides that “the structure and facilities of the road, the maintenance and repair of the road shall be in accordance with the standards as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.” Article 38(1) of the Regulations on the Structure and Facility Standards of the Road, which is the Ministry of Land, Transport and Maritime Affairs No. 456, “Rules on the Structure and Facilities Standards of the Road,” which is the Ministry of Land, Transport and Maritime Affairs No. 456, deems necessary for the prevention of traffic accidents

Iron Packaging, emergency brakes, etc.;