208 Gaz. 26812 Claims

00000 Insurance Company

Law Firm Woo (Law Firm Woo, Counsel for defendant-appellant)

Attorney Seo-sik et al.

Attorney Kang Jae-soo

Jeollabuk-do

The representative of the Do Governor Kim Jong-ju

Attorney Yellow-ray et al., Counsel for the plaintiff-appellant

March 8, 2013

March 29, 2013

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The defendant shall pay to the plaintiff KRW 80, KRW 684, KRW 342 among the plaintiff and KRW 30, KRW 478, KRW 060 from September 10, 208 to KRW 32, 278, KRW 406 from February 27, 2010 to KRW 1,00, KRW 900, KRW 448 from April 8, 2010; KRW 370 to KRW 216 from July 30, 2010 to KRW 15, KRW 657, and KRW 212 from the following day to the date of complete payment; KRW 5% from the date of complete payment; and KRW 40 per annum to the date of complete payment.

1. Basic facts

A. On September 2006, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A to cover the loss caused by an accident caused by the operation of the vehicle involved in the accident during that period, setting the insurance period as from September 28, 2006 to September 12, 2007, with respect to the automobile of 09-24555 (hereinafter “private vehicle”) owned by A (hereinafter “A”), and the Defendant is the 718 local highway managing agency connecting military mountain and benefitingsan.

B. On December 4, 2006, A driving of an accident vehicle at about 00 : A caused a traffic accident involving KRW 19,680,000,00 in the direction of 30:0 in the direction of 00 :0 :0 :0 :0 :0 :0 :0 :00 : 0 :0 :0 :0 :0 :0 :00 : 19,000 ; and 22 :0 :0 :0 :0 :0 :0 : 19,680 ; and 200 ; and 200 : 19,680 :00 ; and 200 :

[Evidence] Evidence Nos. 1 through 9 (including numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion

1) According to the regulations on the structure and facility standards of the road, the parallel border of the roadways shall be at least a certain length in accordance with the design speed and the method slope. This is a structure of a sudden stroker, which is far less than 130m or 135m (in the case of 60m or 8% inside the slope at design speed, 8m or 135m or 135m (in the case of 7% inside the slope) of the valleys of the valleys at the point of the accident in this case, in order to prevent the smoke because the vehicle is highly likely to be dissatisd or to be satisd out from the outside of the valleys by the court below's ability when the valleys of the roadways at the point of the accident in this case run.

At the time of the accident, the Defendant installed only three string signboards indicating the ndnding road at the beginning part of the string line at the location of the accident, but where the strings, such as the instant accident point, install the strings of the road so that drivers can clearly understand the type of the road and the level of the strings, the Defendant continuously installed in the entire string section so that drivers can function as a smooth speed-setting function.

In a case where the valley radius of a road is small as the location of the instant accident, as in the instant case, if a road is installed on the outside of the valley, such as the installation and management guidelines of road safety facilities, if the road is likely to fall or break out by the force of the lower court, it could minimize damage by neglecting the fall, electric reproduction, etc. from the road deviation.

2) Ultimately, the instant accident was the main cause for lack of external defects, influences, and safety signs of the road, to be kept in parallel with the flat scambing in the ordinary scamb, and thus, the instant accident was concurrent with the Defendant’s negligence, which is a public structure at the location of the instant accident, in view of the following: (a) the occurrence of the instant accident; and (b) the circumstance leading up to the occurrence of the instant accident; and (c) the Defendant’s negligence is neglected for a prolonged period of time in the construction and management of the public structure of the instant case.

3) However, in relation to the instant accident, the Plaintiff was exempted from liability for damages by paying the insurance proceeds to the victims, and the Defendant is obligated to pay the Plaintiff the amount equivalent to the Defendant’s percentage of fault out of the insurance proceeds paid by the Plaintiff in relation to the instant accident in accordance with the insurer’s subrogation doctrine under Article 682 of the Commercial Act.

B. Determination

"Defects in the construction and management of public structures" under Article 5 (1) of the State Compensation Act means that the public structures built for public purposes are in a state of lacking safety ordinarily required for their use. However, it cannot be readily concluded that there are defects in the construction or management of public structures in the construction and management of such public structures without any high level of safety to the extent that they always maintain a perfect state. The duty to take protective measures imposed on the installer or manager of a permanent structure refers to the extent generally required by social norms in proportion to the danger of the public structures. Thus, it is sufficient for the public road as a public structure to have a relative safety that is expected to use the permanent and orderly method in light of the relationship with the other public facilities or the financial, human and physical restrictions of the principal who installs and manages them (see, e.g., Supreme Court Decision 9Da5498, Apr. 25, 200).

In full view of Gap evidence 7-1, 2, Gap evidence 8-1 through 3, Eul evidence 2-1, 3, and 5-1, 5, and the purport of the whole pleadings as a result of the on-site inspection by this court, the following facts may be acknowledged.

① When seen from the direction of the running of the vehicle involved in the accident, the road at the location of the accident of this case is at least one lane bended by the direction of 10:30 minutes in direction, as seen in the separate drawing. An agricultural road is connected to the right side of the road, an agricultural road is divided into the right side of the road, and the road is divided into two sides of the road.

② On the road at the point where the instant accident occurred, at a speed of 60 km per hour or about 200 meters at the point where the accident occurred, a sign in the Myanmar is installed on the red background of the contents of “emergency stacker,” the speed of which is reduced, and three string signboards indicating the valleys are installed between approximately 7.6 meters to 9.5 meters, and street lamps were installed on the road side.

The bend of the road at the point of the accident as above is about 200 meters prior to the point of the accident, and the signs to reduce the speed are installed, and three retic signs indicating the valley are installed in the vicinity of the bend length. On the road side, the street lamps are installed, and other similar accidents are similar to this case on the road at the point of the accident in this case until the accident in this case occurred.

In light of the absence of any material to deem that there was no evidence, the location of the accident is the place where the road is be be bended to the left side of a little degree of left side, if the driver who drives the place at night pays a little attention by putting the front door into the front door, etc.

Since it is determined that the road is a road bended to port and it would be possible for the driver to walk the vehicle without departing from the vehicle line, it would normally be predicted that the defendant, the manager of the road, who is the manager of the road, is the defendant of the road, if the driver of the vehicle fails to go straight along the vehicle at the point where the accident occurred and moves back to the dry field beyond the road, without going through the vehicle along the lane.

Therefore, in preparation for such accidents, the Defendant cannot be deemed to have a defect in the installation or management of the said road at the point where the accident occurred, on the ground that the Defendant continued to install the refrating sign in the entire valley section, and did not install the protective fence on the road (as seen in the foregoing, it is difficult to deem that the installation of the protective fence is appropriate because the agricultural road is connected to the site where the accident occurred, and both sides of the roads are engaged in a field of high quality like the road).

In addition, the assertion that the 81m radius from the corners of the valleys of the instant point of accident is about 81m and that it does not reach the minimum flat-line radius as prescribed by the regulations on the structure and facility standards of the road is 60m high speed. However, the design speed seems to be able to make the speed calculated by subtracting a certain level of speed from the design speed on the border that is necessary in consideration of topographical conditions, economic feasibility, etc., so the above assertion on a different premise cannot be accepted.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Park Jae-nam

A person shall be appointed.

【Drawing 1】 Road structure in the valley of an accident point, and the anticipated course of the road of an accident vehicle