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(영문) 수원지방법원 2017.10.19 2017나58243
구상금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicles owned by the LAWT (hereinafter “Plaintiff vehicles”), and the Defendant is a corporation established by the Korea Highway Corporation and is engaged in the maintenance, management, etc. of the Highway in accordance with the said Act and the Road Act.

B. B, around 16:20 on August 18, 2015, driving the Plaintiff’s vehicle in the direction of Gangseo-gu, Suwon-si, the Dong-dong Highway located in the Dong-gu, Suwon-si, and the preceding vehicle was entering the dong-dong Highway, and the latter vehicle was located in the direction of the dong-gu, hereinafter “the instant sub-products”.

The accident of this case is "the accident of this case, which is destroyed by shocking the left-hand part of the plaintiff's vehicle that is protruding up the fallen of this case while following Eul's procedure."

(c) On September 22, 2015, the Plaintiff paid insurance proceeds of KRW 4,170,000 at the repair cost of the Plaintiff’s vehicle. [The fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings and arguments set forth in subparagraphs A and 4.]

2. The Plaintiff’s assertion is due to the management defect caused by the Defendant’s failure to remove the instant falls on an expressway, and thus, the Defendant is obliged to pay the Plaintiff KRW 4,170,000 with the repair cost of the Plaintiff’s vehicle, who paid the insurance money of KRW 4,170,000 as the repair cost of the Plaintiff’s vehicle, in accordance with the insurer’s subrogation doctrine.

3. The construction, management, and preservation of a road shall be specifically determined according to social norms by comprehensively taking into account all the circumstances, such as the location of the road and other location conditions of the road, the structure of the road, the volume of the traffic at the time of the accident, etc., including the current status of the use of the road and the original purpose of the use thereof, the location and shape of a physical defect. If a traffic safety defect, which is the original purpose of the road, was caused by

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