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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the insurer who entered into an automobile insurance contract with the insured (unlimited driving) and the period from July 23, 2013 to January 16, 2014 with respect to the Poter Freezing B owned by A (hereinafter “instant vehicle”), and the Defendant is the road manager at the location where the instant accident occurred.
B. At around 08:30 on December 10, 2013, C, the husband of the instant vehicle, who occurred, had driven the instant vehicle, and driven the DNA van that proceeded in the opposite direction (hereinafter “victimd vehicle”) while driving the road in front of the Daeyangyangyang one bus bus stops in front of the Daeyangyangyang-ri, the reduction and exemption of the volume of the instant vehicle at the time of emulgating the road from the bed side to the bed by the scambing of the surface while driving the road in front of the sc
(hereinafter “instant accident”). As a result, the driver C of the instant vehicle dies, and the driver E of the victimized vehicle and the passenger F of the damaged vehicle suffered the injury.
C. By April 24, 2014, the Plaintiff, as an insurer, paid insurance proceeds totaling KRW 99,056,660 to C’s heir, E, and F under the said insurance contract.
[Ground of recognition] Facts without dispute, entries in Gap 1 through 7 (including virtual number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion was made on December 9, 2013, the day before the instant accident occurred, and the temperature was set at night, and the instant accident occurred on the road surface at the point of the instant accident at the time of the instant accident.
Although the occurrence of large-scale accidents is higher than snow or ordinary ice in the event of a black phenomenon on the road surface, the Defendant, as the manager of the instant road, did not spread sand or calcium on the road in order to prevent the traffic accident caused by the collapse of the vehicle due to the black car, and did not take measures to inform the drivers of the danger of the accident caused by the ice on the road.
The instant accident pertains to the instant case.