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(영문) 대구지방법원 2017.03.09 2015가단124382
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. At the time of 2012, the Plaintiff is an insurer that entered into an automobile comprehensive insurance contract for Nonparty A-owned B automobiles.

B. On June 3, 2012, A around 20:0, around 20:0, around 20:00, the 28th line of the national highway C (hereinafter “instant road”) located in the continental resting area, which was operated from the continental resting area to the east-Eup (west side) in the vicinity of the continental resting area, caused a traffic accident (hereinafter “instant crosswalk”) that shocks pedestrian E, which was opened on the right side from the west to the left side of the continental intersection (hereinafter “instant intersection”).

In the instant accident, the victim suffered injuries, such as chest pressure pressure divers and vertebrate stability, and complete flafing, etc., No. 10, 11.

C. The Plaintiff paid KRW 48,763,790 to the victim’s medical expenses, and on November 19, 2012, paid KRW 500 million to the victim and agreed on the compensation for damages. D.

The width of the roadway of this case is 18.1m.

The Defendant installed the vehicle signal apparatus on the crosswalk of this case, and the pedestrian signal apparatus on both sides of the crosswalk of this case. At the time of the accident, the vehicle signal apparatus was yellowly destroyed, and the pedestrian signal apparatus was cut off.

In the vicinity of the instant crosswalk, there was no street lamps, and the Defendant installed one warning light, etc. to walk the crosswalk on both sides of the instant crosswalk, but the lighting was in the state of not operating even at ordinary night.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 11, and the fact-finding results to the head of the Busan Regional Construction and Management Administration, the purport of the whole pleadings

2. Although the Plaintiff’s assertion that the instant road has a heavy traffic volume of vehicles, and the width of the road is 18.1m, and the Defendant has a duty to install signal apparatus and lighting equipment, the Defendant operated the instant intersection’s vehicle signal apparatus by yellow flashing, etc., and did not install a lighting system in a crosswalk with pedestrian signal apparatus installed at the crosswalk, by using yellow flashing, etc.

by reason of this.

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