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(영문) 서울중앙지방법원 2016.10.14 2015가단5128854
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive automobile insurance contract with the Seoul Industrial Promotion Agency, which is an incorporated foundation, with respect to A vehicles (hereinafter “accidentd vehicles”). Defendant Jung-gu, Seoul, is the managing body that takes charge of cleaning the front roads B in Seoul, Jung-gu (hereinafter “instant roads”) and managing the reports installed on the instant roads, and Defendant Jung-gu, Seoul, is the managing body of the instant roads.

B. On February 5, 2013, at around 09:35, C driven an accident vehicle and driven the instant road, which is two-laned along the direction of the Southern Cable in the front of the D cafeteria located in Seoul Jung-gu, Seoul, along the sublime’s side, along the two-lanes of the road in front of the D cafeteria. On the bend side, C attempted to immediately turn off the accident vehicle into the opposite line on the west side of the sublime, and then, C was pushed up the sidewalk on the right side of the accident, and then, C was able to cut off as the front part of the accident, and then E was able to take up the front part of the vehicle in front of the accident, and fell down to the lower part of the 3-meter rail at a height of 3 meters.

(hereinafter referred to as “instant accident”). C.

As the insurer of the vehicle involved in the accident, the Plaintiff paid the insurance proceeds of KRW 67,63,620 in total with the agreed amount of KRW 570,00,00,00 in total, such as the cost of repair of the vehicle involved in the accident, KRW 2,750,00 in the cost of repair of the rail, KRW 124,62,620 in the medical expenses of E, and KRW 570,00 in the amount of lost income.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 5, Gap evidence 8-14, the purport of the whole pleadings

2. At the time of the Plaintiff’s assertion, the Defendant Jung-gu, Seoul Special Metropolitan City, or Defendant Seoul Special Metropolitan City, who was the manager of the instant road, did not take a snow removal measure, such as putting snow accumulated on the road, or spraying calcium, etc., and did not install a protective fence for pedestrians between the sidewalk and the roadway, and the road, which is the place of the instant accident, is the place of the instant accident.

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