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(영문) 서울중앙지방법원 2015.08.20 2014나67095
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff, around July 11, 2012, is an insurer that entered into an automobile comprehensive insurance contract with A with respect to B Costaex van (hereinafter “Plaintiff”) owned by it, and the Defendant is the construction and manager of the national highways No. 43 in Yacheon-si, Young-si.

B. On February 2, 2013, at around 06:05, C, an employee of C, driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on the two-lanes of the national highway No. 43 of the EPG charging station located in Scheon-si, caused an accident that caused the Plaintiff’s vehicle to die with F and G, which died, and H, I, and J injury to H, H, I, and J, while driving the two-lanes of the national highway No. 43, which is located in Sncheon-si, from the sncheon-si to the steel-proof surface at the speed of 90km.

(hereinafter referred to as the “instant accident site” and the said accident is referred to as the “instant accident”). C.

From March 11, 2013 to October 14, 2013, the Plaintiff paid KRW 201,737,090,090, including the amount agreed upon by the networkF, KRW 76,00,000, the amount agreed upon by the network G, KRW 12,751,30, and the amount agreed upon by H medical treatment and agreement, KRW 30,614,120, and KRW 2,37,09,00, as insurance money.

On the other hand, at the time of the instant accident, the point of the instant accident is a two-lane straight line in the direction of the Plaintiff’s vehicle, and it is a side-lane connected to the Cheong Food and Food Distribution Factory that is combined in the form of 43 national highways and V. At the same point, there are landscaping facilities in the combined stream form. There was a telegraph price of concrete materials installed within 2 meters between chemical team and 43 national highways, but there was no shock absorption facilities or protective fences in the road boundary.

[Ground of recognition] There is no dispute.

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