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1. The Defendant: KRW 117,717,965 for the Plaintiff and KRW 5% per annum from April 27, 2018 to August 23, 2018; and
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to B 2.5 tons of cargo vehicles (hereinafter “Plaintiff”), and the Defendant is the manager of the D Tunnels-gun C Tunnels-gun (hereinafter “instant tunnel”).
B. The actual condition of the instant tunnels and surrounding roads (1) The instant tunnels were used as a Japanese-dominated Erailroad, and were abandoned for a period of 20 years prior to the closure of the tunnels, which was designated as a Gun road on August 26, 1996, and were used as a road thereafter, and they cannot go to and from the road.
In the event that the above C proceeds from the F bank surface to the G bank surface, the H tunnel and the I tunnel will pass first prior to the instant tunnel, and the above tunnels will also be closed lines.
(2) As the I tunnel is a valley, and the length reaches 769 meters, drivers cannot confirm the inside of the tunnel, the driver is going to shift from one direction at the entrance of the tunnel to one direction. The speed of restriction is 40km per hour.
H Tunnels is not only 35 meters in length, and there is no traffic safety facilities, such as signal apparatus or safety signs, at the entrance of the tunnel.
The instant tunnel is about 7.6 times the H tunnel, and it appears that approximately 200 meters progress after the I tunnel. This case’s tunnel is not installed at the entrance of the tunnel, like the H tunnel, in the same way as the traffic safety facilities, such as signal apparatus and safety signs, are installed on the right side of the road after the I tunnel is completed.
C. Article 42(1) of the Rules on the Standards for Structure and Facilities of the Tunnels of this case provides that, if deemed necessary for the safe and smooth flow of traffic, a tunnel lighting shall be installed in consideration of the design speed, traffic conditions, environmental conditions, and the cost of the tunnel removal, etc. of the road. According to the guidelines for the installation and management of road safety facilities (conscepting facilities).