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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. The following facts are found either in dispute between the parties or in respect of each description and image of evidence A1 to 6 (including each number; hereinafter the same shall apply) and that of evidence A1, 2, 3, 5, 11 and 13, together with the intent of the entire pleadings.
A. The Plaintiff’s occurrence of the instant accident and the Plaintiff’s insurance payment (1) concluded a comprehensive automobile insurance contract with A and B (hereinafter “instant vehicle”) as an insurer running a non-life insurance business.
(2) around 20:20 on October 15, 2013, A, while driving the instant vehicle and driving the 2nd line road from the 5th line to the 5th line (hereinafter “instant road”) near the Do-si C, Dong-si, Dong-si, Dong-si (hereinafter “instant road”), falling into the sea by passing along the central line.
(3) On November 22, 2013, the Plaintiff paid KRW 3,534,00 for the instant vehicle from the Automobile Accident Insurance, and KRW 1,17,390 for the automobile accident insurance on October 17, 2013 and December 18, 2013, KRW 100,000 for the damage compensation and KRW 117,390 for the automobile accident insurance.
B. The structure and current status of the road of this case (1) The location of the accident of this case was set up with a sign indicating the restricted speed of 50km/h and a slabway from the point of accident to the 5th round-down road of the Gun managed by the Defendant, and the location of the accident of this case was around 300 meters from the point of accident, and there was a sign of a rewing machine up until around 250 meters.
(2) In order to prevent vehicles or people from falling into the sea, a dives day is installed except where they enter Dong Young-si, a place where the instant accident occurred, in order to prevent them from falling into the sea.
(3) Except for the instant accident, there is no traffic accident that occurred at the location where the instant accident occurred from January 1, 2010 to January 27, 2014.
2.(2) In principle, lighting facilities shall be installed at the following places:
- An intersection with a signal apparatus, or