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(영문) 서울중앙지방법원 2015.04.02 2014나20522
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. On or around December 8, 2011, the Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to B vehicles owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is the construction and manager of national highways No. 6 in the salary class of Yangyang-gun, Gyeonggi-do.

B. At around 17:00 on October 18, 2012, C, his wife, driven the Plaintiff’s vehicle on the road, which stopped on the right side of the road, and stopped on the road. The damaged vehicle felled by the Plaintiff’s shocking part of the front side of the road by changing its course to two lanes in order to overtake the E-vehicle (hereinafter “victim”) of the aforementioned D Driving (hereinafter “victim”), while driving the National Road No. 6, which is on the right side of the Gangseo-gun of Gyeonggi-do at the right side of the road, from the narrow side of the door to the narrow side of the road, and then changing its course from the narrow side to the narrow side of the road. The damaged vehicle fell from the narrow side of the road by changing its direction to the upper side of the road due to the shock of the Plaintiff’s vehicle and then changing its direction to the upper side to the upper side of the road.

(hereinafter referred to as “instant accident”). C.

The instant accident caused the death of F accompanied by D and damaged vehicles, the Plaintiff’s vehicle was scrapped, and the Plaintiff paid KRW 380,303,000 as insurance money to D’s heir, etc. by December 28, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 12, 14, 15, Eul evidence 1 and 3 (including these various numbers), the purport of the whole pleadings

2. Summary of the Plaintiff’s assertion

A. The Plaintiff asserts as follows as the cause of the instant claim.

The location of the accident in this case is a section adjacent to the sub-ancheon, and is the sub-anth floor, if it exceeds the right side of the road.

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