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(영문) 청주지방법원 2016.05.27 2015나11282
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 is an insurer who has entered into an automobile comprehensive insurance contract with A and B 1.4 tons of cargo trucks owned by it (hereinafter “Plaintiff vehicle”).

B. At around 03:00 on October 16, 2013, A driven the Plaintiff’s vehicle, and driven the Plaintiff’s local highway No. 512 (hereinafter “instant road”) located near the Cheongsung-gun, Chungcheongnam-gun, Cheongsung-gun, the Defendant 512-only, at the seat of the wing-si Office (hereinafter “instant road”), was running from the wing-si, Cheongsung-si, the wing-si, and neglected to perform the duty of Cheongju-si, and went away from the instant road to the right-hand right-hand side of the auxiliary seat and contacted the instant road with the front-side retaining wall of the auxiliary seat by operating the steering gear on the left-hand side of the play-do, thereby falling down (hereinafter “instant accident”).

Due to the instant accident, C, who was accompanied by the Plaintiff’s vehicle, was judged to have been disabled by 12% of the 7th left-hand high-ranking class, 15% of the 15th of the 5th anniversary of the 7th left-hand high-ranking class.

C. On May 30, 2014, the Plaintiff paid KRW 29,393,960 to C for medical expenses and damages incurred from the instant accident.

The road at the location of the accident in this case is a general road, and its form is a valley, and the restricted speed at the time of the accident in this case is 60 kilometers.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 15 through 17, Eul evidence 11 to 13, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant, the road management agency of the instant road, as the Plaintiff’s assertion, should be at least 140m radius in accordance with the relevant regulations if the design speed of the instant road is 60km/h. In the case of some sections of the instant road at the location of the instant accident, the Defendant left it even though the normal erode radius is 104m, and ② in the case of a road at the design speed of 60km/h, the width of the lane should be 3.25m in accordance with the relevant regulations, and in the case of the normal erode line, the width of the instant road should be 0.5m wide in the case of the instant road at the location of the instant accident.

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