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(영문) 춘천지방법원원주지원 2020.07.17 2020가단51657
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s cause of the Plaintiff’s claim is an insurance company that entered into an automobile insurance contract with Nonparty E, the wife of Nonparty C (hereinafter “the deceased”), with respect to F Pobbbbs and ton cargo vehicles owned by E (hereinafter “Plaintiffs”).

The defendant is a local government that establishes, maintains, and manages nearby G and road-related facilities in Chungcheongnam-do, Chungcheongnam-do.

On January 31, 2019, the Deceased, who was driving the Plaintiff’s automobile, and was going to the Cheongbuk-do from the Yong-si, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Deceased caused a traffic accident that conflicts with the facilities installed and managed by the Defendant (hereinafter “instant accident”), and died therefrom.

In the case of a facility installed at the location of the accident of this case as a central separation zone, the accident of this case is caused by negligence in the road management of the defendant who failed to take measures for safely protecting passengers and vehicles, such as installing a road sign, a starting point, and a brightness lighting at the center of the central separation zone, installing a shock absorption facility at the part of the beginning of the central separation zone, and installing a width of the lane at least three meters, etc., and thus, the defendant shall be entitled to indemnity against the defendant.

2. Determination

A. The relationship between the parties alleged by the Plaintiff, the date and time, and place of the Plaintiff’s assertion, the occurrence of the instant accident, and the fact that the Plaintiff paid KRW 200,000,000 to the Deceased on January 31, 2019, etc. is either a dispute between the parties or recognized as the purport of all

B. In order to exercise the right to indemnity against the Defendant on the ground of negligence in road management, the deceased should first be identified as having died due to the instant accident, and in light of the following circumstances acknowledged by the purport of the entire pleadings, the deceased died due to the instant accident even after considering all the evidence submitted by the Plaintiff, in light of the following circumstances.

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