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(영문) 서울중앙지방법원 2014.07.18 2013가단242072
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 and Nonparty A entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the BS5 automobiles owned by the Plaintiff (hereinafter “instant vehicle”). The Defendant is the managing authority of the national highways No. 39 that caused the traffic accident (hereinafter “instant roads”).

B. A’s children C driving the instant vehicle around October 3, 201 at around 19:00 along the two-lanes of the instant road (section 2) in front of the Western sports ground located in Pyeongtaek-si, Pyeongtaek-si, Chungcheongnam-do.

Before leaving two lanes, C died due to shocking the front part of the iron drails (hereinafter referred to as “protection fence”) set up on the left side of the Crown road, and C was injured by D, E, F, and G accompanied by the said vehicle.

(hereinafter “instant accident”). C.

From October 31, 2011 to February 22, 2012, the Plaintiff paid a total of KRW 70,517,810 to C, D, E, F, and G for medical expenses and agreements under the instant insurance contract.

Meanwhile, Article 37 (1) of the Road Act provides that "the structure and maintenance of a road, and the maintenance, safety inspection, and repair of a road shall conform to the standards determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs," and the Rules on the structure and facility standards of a road provides that "in cases where deemed necessary for the prevention of traffic accidents, traffic safety facilities, such as crosswalks, overpasses, traffic safety signs, protection fences, lighting facilities, starting-way guiding facilities, shock absorption facilities, etc., shall be installed" (Article 38 (1)), except as otherwise provided for in these Rules, detailed matters concerning the standards for road structure and facilities shall be governed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs (Article 48), and according to the guidelines for installation and management of road safety facilities prepared by the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as the "Guidelines"), traffic safety signs and the Regulations on the

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