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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A and B EW EWP car (hereinafter “AW”), and the Defendant is the manager of EWP and EWP road.
B. At around 22:32 on September 22, 2014, C (A’s ASEAN) dialogueed with the person who was on the front line, and did not give a proper view to the front line, but passed the crosswalk installed in the front temporary suspension line of the crosswalk, without stopping at the front temporary suspension line of the crosswalk or lowering the speed.
At the same time, D was standing a crosswalk with bicycles, and D was shocked by C, and D was driven by C.
(hereinafter referred to as “instant accident”). C.
Due to the instant accident, D died on October 4, 2014, and the Plaintiff paid KRW 215,088,400 to the bereaved family members, etc. of D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 10 (including, if any, a serial number; hereinafter the same shall apply) or video, the result of the examination by this court, the purport of the whole pleadings
2. Determination:
A. In addition to the negligence of C and D in the occurrence of the instant accident, the defect in the management of the Defendant’s road as follows was contributed to at least 30%.
① The notice sign installed in front of the crosswalk in which the instant accident occurred (hereinafter referred to as the “instant crosswalk”) was crossed out to the extent that it is impossible to find out the form thereof.
② It was difficult for C to recognize the bicycles that entered the crosswalk of this case on its left side due to road facilities, such as guardrails, railing on the right side of the bicycle, sign, etc.
(See Attached Form). (3) The crosswalk of this case is installed in a manner leading to the blind line from the bicycle lane, and it is difficult for bicycle drivers to recognize the vehicle that proceeds from the right side of the bicycle.