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(영문) 서울남부지방법원 2018.07.25 2017가단250046
구상금
Text

1. The plaintiff's claim 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 a special agreement on the injury of a motor vehicle with D and its owned E-mail, and the Defendant is an organization that establishes and manages local roads and road safety facilities at the location where the following accident occurred.

B. D, around July 11, 2017, around 17:30, 2017, driving along the bypass of the three-lane F-do road, and lost the center, and caused a traffic accident in which a vehicle going beyond the central separation zone is moved back (hereinafter “instant accident”).

C. The instant accident caused the death of D (hereinafter “the deceased”), passenger G, and H, and the Plaintiff paid total of KRW 114,022,210 to the bereaved families and passengers of the deceased in the instant insurance contract.

On the other hand, in the vicinity of the road where the accident occurred, three manle is installed, and about 4 cm between the upper part of the Manle and the road.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion passed through the Round installed on the road of this case, and caused the instant Poter vehicle to lose its center due to the valley between the man-man and the surface of the road. This was an important cause for the instant accident.

Therefore, the Defendant, who is a manager, shall carry out flating operations to prevent the occurrence of the instant accident and the expansion of the damages caused by negligence, which caused the occurrence of the instant accident and caused the occurrence of the damages, while repackaging the instant road, which is easy to move up to the front, even though the Defendant, by negligence, has to pay to the Plaintiff KRW 34,206,663 equivalent to 30% of the total insurance money paid by the Plaintiff.

B. Although the Defendant asserted that the instant lawsuit was under the jurisdiction of the Cheongju District Court, which is the place of tort, the Defendant did not separately determine since it appears to the purport to urge the transfer of discretion prior to pleadings.

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