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(영문) 창원지방법원 2017.05.11 2016나55299

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 a comprehensive motor vehicle insurance contract with G H Poters (hereinafter “instant vehicle”) during the period from January 17, 2012 to December 4, 2012, with respect to the vehicle owned by G (hereinafter “instant vehicle”). On September 27, 2010, the Defendant subcontracted construction of soundproof walls among the A Housing Site Development Project Construction Works, which was ordered by the Korea Land and Housing Corporation around September 27, 2010, to the construction period from September 27, 2010 to January 19, 2012 (the period extended from September 27, 2010 to April 30, 2013).

B. (1) On October 4, 2012, the Defendant reported the implementation plan to install soundproof walls to the sixth district unit of the expressway patrol zone, which is a district unit having jurisdiction over D Highway, as follows:

The name of the construction project: The construction project is the site where the soundproof walls are installed: the two direction-setting period from 52 km to 54 km: from October 8, 2012 to December 31, 2012 (09:0-18:00, 09:0-17:00): The details of the construction project are as follows: two traffic guidance signs, four traffic signs, four safety fences, three balls, three balls (timetime), three balls (timetime), three signal lights, three signal lights (2) the Defendant submitted to the Korea Highway Corporation a plan to block one lane from 52.5 km points from 5 km to 5 km points on the expressway at the site of soundproof walls: < Amended by Act No. 11414, Oct. 17, 2012; Act No. 11388, Feb. 1, 2012>

C. At around 17:49 on October 17, 2012, B caused the instant accident to die by shocking E during the construction of soundproof walls at a point 54 km away from the 54km away from the D Expressway at the Jinju City, while driving a type C-type passenger car, and driving it on the right side of the instant vehicle owned by G, a construction of soundproof walls, which was conducted in the process of recovering safety facilities such as Rabcon, and immediately shocked the front side of the instant vehicle, which is a construction vehicle, a construction vehicle, driving by F, from the front bank.

hereinafter referred to as "the case."