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(영문) 전주지방법원 2015.09.21 2014나9918
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. At around 20:55 on June 7, 2013, A, while driving a vehicle of the Dokdo Dokdo, carried the national highway No. 23 in front of the 23rd village in the documents of the Jeonbuk-gun located in the frontwest-gun, the national highway was found later, and was caused by the negligence of immediately manipulatinging the two hand, thereby falling into the opposite ambath and then falling into the opposite ambath in excess of the central line.

(hereinafter “instant accident”). (b)

The Plaintiff, as an insurer who entered into an automatic comprehensive insurance contract with C on the instant vehicle, paid KRW 10,607,420 of the insurance proceeds to A from June 25, 2013 to April 27, 2014 regarding the instant accident.

C. The accident site of this case is the site of 23 national highways and amban (agricultural waterways) with approximately 16 meters long, and there is no protection fence installed on both sides of the above road of waterway rocks.

On the other hand, the road, which is the site of the accident, is the straight line with approximately 2.6 km per hour at a speed of 60km per hour, and there is no particular element to obstruct drivers from securing their view view. On the day of the accident, weather was clear.

The provisions pertaining to the installation of protective fences are as follows:

Article 37 (Road Structures, Facilities, etc. of Roads) (1) The structure, facilities, maintenance, safety inspection, and repair of roads shall comply with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Article 38 (Rules on Standards for Road Structures and Facilities) (1) Where it is deemed necessary to prevent traffic accidents, the starting-line guiding facilities, protective fences, shock absorption facilities, lighting facilities, lighting facilities, speed prevention facilities, road reflectors, anti-slock prevention facilities, and road surface summary.

The road safety facilities, such as iron packaging, emergency brakes, safety facilities in an open area, crosswalks, overpasses (including underground crosswalks), shall be installed.

Article 48 (Detailed Criteria for Road Structures, etc.)

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