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(영문) 서울중앙지방법원 2016.05.20 2015가단133387
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 an automobile comprehensive insurance contract with A and B Atop car (hereinafter “Plaintiff”).

B. On July 14, 2014, at around 02:10, 2014, Company A driven the said vehicle, and proceeded with one lane of the two lanes of the national highways in the front Eth 3 of Dongducheon-si (hereinafter “instant road”) from viewing to view, and turned off the lane to the right-hand side, and then, Company A died.

(hereinafter “instant accident”). C.

On September 25, 2014, the Plaintiff paid KRW 261,00,000 to the net F in accordance with the said comprehensive automobile insurance contract.

The defendant is the management agency of the road of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s allegation that the instant accident occurred not only due to the Plaintiff’s driving negligence, but also due to the following defects in the construction and management of the road.

① In light of the standards for the installation of protective fences, such as the installation of road safety facilities and management guidelines, the location of the instant road at issue constitutes “a case where a school angle, a shift, a retaining wall, a safety island, etc. exists within two meters from the end of the road or the end of the roadway,” and thus, a protective fence should be installed between the road and the roadside.

Even if it is not so, safety facilities such as shock and absorption facilities should be installed.

② In accordance with Article 19 of the Rules on the Structure and Facility Standards of Roads, if 70 km a speed of 70 km, a valley shall be installed by securing at least 280-250 meters. The road of this case is erroneous in having excessively set up the valleys in violation of the above provisions.

(3) In addition, considering the radius of the valley, the maximum speed of restriction shall be set at a range of 40km.

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