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(영문) 광주지방법원 2015.11.25 2015가단518893

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 20, 2015, A is a road adjacent to the Doamamp reservoir (hereinafter referred to as “instant road”) of the Doamdo-Eup, Doamb-gun, Doamb-gun, Doamb-si, Doamb-gun, under the influence of alcohol content of at least 0.121% of the blood alcohol content at around 13:00, 2015.

) During the process, the road was separated from the left side and fell to the Doam reservoir and was down (hereinafter “instant accident”).

(2) The instant road is not a bank protection fence on the side of the Doam reservoir. The width of the road is about 3.2 meters, and the side is about 0.2 meters. The vertical height from the floor of the Doam reservoir at the instant accident site to the surface of the water is about 1.7 meters, about 1.3 meters, about 3.9 meters, about the horizontal length from the floor to the side of the road, about 2.2 meters from the surface of the water to the side of the road.

3) The Plaintiff, as the insured, was an insurer who entered into a comprehensive insurance contract, including security for self-physical accidents, with respect to the foregoing passenger vehicles as the insured. On June 8, 2015, the Plaintiff paid KRW 50,000,000 for death insurance proceeds, and KRW 625,090 for medical expenses, respectively. [Grounds for recognition] Facts that no dispute exists, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 7 (Evidence Nos. 1 through 6), and the purport of the entire pleadings and arguments, including each number.

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion on the road of the accident site of this case is not installed with a protective fence, and due to the occurrence of the accident of this case, A dies. As an insurer, the defendant who paid the insurance money to A is liable to pay the indemnity to the plaintiff.

B. 1 Defect in the construction or management of a public structure as defined in Article 5(1) of the State Compensation Act means a state in which the public structure is not equipped with safety ordinarily for its use.

However, the construction of the public structure is not in a state of completeness and has some defects in its function.