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(영문) 울산지방법원 2015.03.04 2014가단58572
구상금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to vehicles A and B owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant Ulsan Metropolitan City Jung-gu (hereinafter “Defendant Si”) ordered the construction of the foregoing road to the Defendant Household Construction Co., Ltd. (hereinafter “Defendant Company”) as the person in charge of the road management where the following accidents occurred, and the Defendant Company is the contractor who was constructing the road as the books of the above road.

B. On October 22, 2013, at around 11:25, A, while driving the Plaintiff’s vehicle and driving along a one-lane road (hereinafter “instant road”) in the vicinity of the Seongbuk-gu Seongbuk-dong apartment unit, Ulsan-gu, Ulsan-gu, U.S., the victim D, who was behind the center line on the front of the instant road, was not discovered in order to overtake the said vehicle (hereinafter “motor vehicle”) and was parked in front of the instant road. In order to overtake the said vehicle, A was not able to drive a motor vehicle in front of the front of the instant road with a yellow real line, and followed the Plaintiff’s shocked with the Plaintiff’s vehicle.

(hereinafter referred to as the “instant accident”). D was injured by the instant accident, such as the confluence and confluence, etc., and the form of the scene of the accident is as follows, and the Defendant Company was performing the instant road-saving work.

C. By May 21, 2014, the Plaintiff paid KRW 114,134,350 in total as insurance money to D, under the name of business suspension damage, surgery expenses, nursing expenses, consolation money, etc.

[Reasons for Recognition] The whole purport of the pleading and video without dispute, as described in Gap 1, 2, 5, 6, 7, 8, 9, 10, and 11

2. Determination on the cause of the claim

A. The plaintiff asserted by the parties that the road of this case constructed by the defendant company caused danger factors in driving due to a sudden change in the shape of the road. Thus, the plaintiff should install lighting facilities such as safety signs or rubber tubes in accordance with the Ministry of Land, Infrastructure and Transport installation and safety management guidelines.

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