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(영문) 서울중앙지방법원 2015.12.08 2015가단5079723
구상금
Text

1. The Defendant’s KRW 6,215,100 as well as the Plaintiff’s annual rate of KRW 5% from January 23, 2015 to December 8, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract (hereinafter “instant insurance contract”) with respect to B vehicles owned by the Plaintiff (hereinafter “Plaintiff’s side”), and the Defendant is the installation and manager of the local highway adjacent to the intersection in front of the entrance road into the Taeju-dong Highway, Taeju-dong Highway.

B. A, around 16:05 on December 27, 2014, driven the instant vehicle and proceeded four-lanes of the 4-lane road (North Korean road) adjacent to the intersection in front of the entrance road into the Taeju-dong Highway, Taeju-dong Highway, Taeju-dong Highway, and the 4-lanes of the 4-lane road (North Korean road) adjacent to the intersection.

At this point, the four-lane road is terminated at the front bank, and the telegraph pole such as signal has been installed, making it impossible to keep the road straight and making it possible to make a right-hand.

A neglected the duty of Jeonju as it is, while proceeding as it was, received signal lights from the front part of the Plaintiff’s front-hander part of the vehicle, and due to the shock, the Plaintiff’s front side of the three-lane road (hereinafter “the bus in this case”) led to the front side of the C bus (hereinafter “the bus in this case”) driving the three-lane road on the left side and the rear part of the vehicle in this shock.

(hereinafter “the instant accident”). A died due to the instant accident, and the Plaintiff’s vehicle and the instant bus, signal signal board, etc. were damaged.

C. By November 22, 2015, the Plaintiff paid KRW 62,151,00 in total as compensation for damages caused by the instant accident (i.e., A death insurance amount of KRW 50 million, KRW 6960,000,00 for repairing the instant bus repair cost of KRW 6.9,000,000 for the bus repair cost of KRW 6,910,000 for the instant bus repair cost of KRW 6.5 million).

C. A four-lane road at approximately 34 meters away from the point of the instant accident was indicated to the effect that the right of way and right of way can be exercised (hereinafter “the right of way”).

[Reasons for Recognition] 1 through 8, 1 through 9 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is a road, the point of accident of this case (the fourth-lane) of which is impossible to go straight.

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