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(영문) 부산지방법원 2018.10.11 2017가단332933
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B On April 5, 2017, around 22:30 on April 5, 2017, at the site map and map of C Passenger Vehicles Accident and at the site map, the Plaintiff’s vehicle (hereinafter “Plaintiff”).

b. The driver's operation of Eul caused an accident, such as collision with the other Ma2 vehicle on the site map of the accident and the situation in which the investigation agency conducted the E company in front of the E company in Tong-si D from the Docheon-dong bank to the F High School bank. The driver's operation of the E company in front of the Do-dong bank in the Do-dong bank, and the center line with the yellow-si road in the opposite lane.

(hereinafter “instant accident”). B.

The accident of this case where the driver of Oral Baba is the same month.

6. A person who died at around 00:25, and B was convicted on August 24, 2017 at a criminal trial, such as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury) that took place by the Head of Changwon District Court through the Head of the District Court.

C. The Plaintiff spent KRW 362,516,940 in total, including the payment of insurance money equivalent to KRW 9,872,60 in relation to physical damage caused by the instant accident, and KRW 352,64,340 in relation to personal damage, and recovered KRW 220,560 in duplicate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The place where the instant accident occurred is in the form of a modified intersection and 500s connected to the intersection, and there are structural defects of the road, such as the passage of the intersection or the straight line is cut off in the form of a sicker. If the Plaintiff’s vehicle proceeds along the leading line, it is highly likely that the driver will extend part of the center line for the convenience of driving to escape from the collision of curbstones, and the Defendant, the road management authority, even though there are factors such as there are no lighting facilities on the road at the point of the accident and there is a significant fall in the ability of re-return.

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