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1. The Defendant’s KRW 20,661,638 for the Plaintiff and KRW 5% per annum from January 29, 2014 to October 29, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance”) that includes automobile injury security and self-vehicle damage security with respect to the instant vehicle owned C (hereinafter “instant vehicle”) with A (BB and male), and the Defendant is the installation and manager of a local highway No. 604, Cheongri-ri, Cheongri-si, on the joint signature of Sejong City.
B. A, at around 08:20 on December 14, 2012, driving the instant vehicle and driving along a local highway No. 604 (one-lane) located in the Cheongju City with the joint signature of Sejong City, was disslicked into the snowway, falling into the right slope of the road, and the instant vehicle was entirely restored.
(hereinafter “instant accident”). A suffered injury, such as vertebrates and incomplete marine, due to the instant accident, and lost 100% of the labor ability.
C. From January 28, 2014, the Plaintiff paid KRW 45,273,030 for the medical expenses of the instant insurance contract (under the Automobile Injury Security Provisions), and KRW 155,231,460 for all damages, such as daily income, future treatment expenses, consolation money, etc., and KRW 236,890 for all kinds of expenses, and paid KRW 200,741,380 for each of them. By April 1, 2013, the Plaintiff paid KRW 5,875,00 for the repair expenses of the instant vehicle.
The provisions concerning protective fences in the installation of road safety facilities and the standards for insufficient duties (hereinafter referred to as "management guidelines") established by the Minister of Land, Infrastructure and Transport as delegated by Article 49 of the Rules on Standards for Road Structures and Facilities shall be as follows:
2.1.1.The protective fence is a facility with a function, such as inducing drivers to stop their driving lines and suppressing pedestrians' unauthorized crossings, as it prevents vehicles going beyond normal driving routes from departing from the way outside of the road, across the direction of the road, or sidewalk, at the same time, reducing the harm of passengers and the damage of vehicles to the minimum extent, and helping them return to normal driving.
2.2.2.1 The place of installation;