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(영문) 대전지방법원 2017.09.29 2016가단208126
구상금
Text

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 business automobile insurance contract between B and A (hereinafter “Plaintiff”), and the Defendant is the national highway manager No. 39.

B. Around 05:00 on February 12, 2016, the Plaintiff’s vehicle running the national highway No. 39, prior to the So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called “Yar-gu, So-called U.S., U.S., U.S., U.S.,

(hereinafter referred to as the "accident of this case")

The point of the above accident leads to a small bend, which leads to the left-hand side of the 39 national highway, leading to the bridge, and the right-hand side leads to the village entry.

(A) The plaintiff alleged that the above village access route corresponds to public order, but there is no evidence to acknowledge it). 【The ground for recognition】 The fact that there is no dispute, the entries in Gap evidence No. 1 to No. 4, and the purport of the whole pleadings.

2. As to the plaintiff's cause of claim

A. 1) In the safety facilities Part III of the Rules on Standards for Road Structure, a bank protection fence shall be installed on the sections dangerous to the street, such as the road section in this case, and on the sections dangerous to the width and line, such as the road section. However, the Defendant did not install a bank protection fence on the road section in this case. 2) The accident location in this case began at the Ji-type intersection at the Ki-type Elementary School, and the vehicle driver was installed at the front of the road, but the Defendant did not install a bank protection fence.

3. Since there is a proximate causal relation between the defect in the management of the road and the expansion of the damage caused by the loss of the Plaintiff’s vehicle, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,268,500 equivalent to 70% of the insurance proceeds compensated by the Plaintiff due to the instant accident, out of the insurance proceeds of KRW 28,95,00,

B. "Defects in the construction or management of public structures" under Article 5 (1) of the State Compensation Act means the defects in the construction or management of public structures.

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