logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.12 2014가단71161
구상금
Text

1. The Defendants jointly share KRW 20,246,577 with respect to the Plaintiff and the period from January 11, 2014 to November 12, 2015.

Reasons

1. The fact of recognition is an insurer who entered into an automobile comprehensive insurance contract with A regarding B T-D passenger cars (hereinafter “Plaintiff”), and the Defendant Republic of Korea, as the manager of the road where the instant accident occurred under the following, permitted the Defendant Korea Highway Corporation to carry out the construction work of Seocho IIC access road (hereinafter “instant construction work”) which is included in the construction section.

On July 6, 2013, at around 19:45, C, an employee of A, driven the Plaintiff’s vehicle and proceeded from the 42-lane 42-lanes of the national highways Dogdogdogdogdog-si, Tonju City, with the two-lanes of the two-lanes of the national highways Doggdogdog-si, and caused an accident where D, a passenger, was killed, and D, a passenger, was caused by an accident where E was injured, due to a mistake in operating a steering gear on the steering distance, which led to the erroneous operation of the steering gear.

(hereinafter “instant accident”). From August 30, 2013 to January 10, 2014, the Plaintiff, as an insurer, paid KRW 133,306,430 as damages due to D’s death, and KRW 1,670,750 as damages due to E’s medical treatment.

【Ground of recognition】 The fact that there has been no dispute, A1 through 4, 6 through 8, A1, 2, B1 through 5 (including each number in case of virtual number), the purport of the entire pleadings

2. Determination

A. 1 Relevant legal principles and Article 758(1) of the Civil Act concerning the cause of a claim refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether such safety requirements are met, it shall be based on whether the installer and the preservation of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure. The defect in the construction and management of a road, which is a structure, is the defect in the construction and management of a road.

arrow