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(영문) 서울남부지방법원 2017.12.13 2017가단213900
구상금
Text

1. The Defendant’s KRW 16,343,037 as well as 5% per annum from July 22, 2015 to December 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with BEE car owned by A (hereinafter “Plaintiff”), and the Defendant is the construction and manager of a local highway No. 321 line (limited speed 60K/h; hereinafter “instant road”) that passes through the movement of the wife population at Chicago-si.

B. On July 31, 2013, at around 06:28, C, while driving the Plaintiff’s vehicle and driving the instant road of this case on the one-lanes of the two-lanes into the air transmission section in the port of the port of the port of the transmission, C, while driving the road on the two-lanes in the vicinity of D (the point at which the road of this case, which is the original one-lanes, is expanded to two-lanes as seen in the rough map in the attached site of the accident, has fallen into the front part of the Plaintiff’s right side of the road in the same direction, and as a result, E was faced with the injury of the Plaintiff’s vehicle, such as departure from the road of this case on the other side of the road of this direction, and the Plaintiff was faced with the injury of the Plaintiff’s vehicle of this case on the other side of the road of this case, and

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

From December 18, 2013 to July 21, 2015, the Plaintiff paid insurance proceeds of KRW 163,430,370 in total to E, etc.

10. The term "road Traffic Act (amended by Act No. 11780, May 22, 2013)" means the part of a road that is demarcated by a line of curbstones, safety signs, or artificial structures similar thereto so that pedestrians (including baby carriages and wheelchairs for walking assistance prescribed by Ordinance of the Ministry of Security and Public Administration; hereinafter the same shall apply) may pass along, demarcated by a line of curbs, safety signs, or artificial structures similar thereto.

11. The term "roadside area" means the edge of a road undivided by a sidewalk and a roadway, but demarcated by safety signs, etc. in order to ensure pedestrian safety;

Article 8 (Road Traffic) (2) On a road that is not divided into a sidewalk and a roadway, pedestrians shall walk along the side of the road in the direction opposite to horses and horses or the side of the road.

(b).

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