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(영문) 대구지방법원 2018.05.18 2017가단124980
구상금
Text

1. The Defendant: (a) KRW 81,107,296 for the Plaintiff and KRW 5% per annum from March 1, 2017 to May 18, 2018; and (b) from the following day.

Reasons

1. Chief;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with Nonparty A on the quantity of automobiles owned by Nonparty A, and the Defendant is the construction and manager of the road where the following traffic accidents occurred.

B. (1) The date and time of the accident: around 21:50 on November 27, 2016, the accident site: around 21: 21:50 on the 2016-167 (2): on the road in the north-dong-dong-dong-dong-dong-si, the accident vehicle (3): Bsch Rexton vehicle quantity (hereinafter referred to as “accident vehicle”): C, drivers C, and two passengers (hereinafter referred to as “accident vehicle and passengers”) of the accident: The vehicle was killed by three passengers, who are their family members.

(hereinafter referred to as the "accident of this case")

C. The main contents related to the instant accident are as shown in the attached Form of the Guidelines for Installation and Management of Road Safety Facilities, enacted by the Minister of Land, Infrastructure and Transport pursuant to Article 37 of the Road Act and Article 17 of the Rules on Standards for Structure and Facilities of Roads, which are the Enforcement Rules thereof (Detailed Standards for Structure, etc. of Roads).

(2) According to the annexed guidelines, on the bridge, which is the site of the instant accident, a vehicle protection fence must be installed for the purpose of preventing the vehicle from leaving the road normally, and at the same time reducing the passenger’s injury and the damage of the vehicle at a minimum. On the site of the accident, the vehicle protection fence must be installed for the purpose of reducing the passenger’s damage and the damage of the vehicle. The performance above SB4 must be verified by the collision

SB4 shock level is a strength that protects the escape of the vehicle at the time of collision with the actual vehicle of 14 tons at a speed of 65km/h and shock angle of 15 degrees, and the name bridge and bridge protection fence at the site of the accident of this case are not replaced only once after completion.

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