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1. The Defendant: (a) KRW 20,080,221 to the Plaintiff; and (b) KRW 5% per annum from May 29, 2013 to December 9, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, as an insurer running non-life insurance business, concluded an automobile insurance contract for Bosung Metal and A vehicle (hereinafter referred to as “insured vehicle”).
B. On February 12, 2012, B driving an insurable vehicle around 20:0 and caused a traffic accident that reduces the volume of the victim C driver's low-income vehicle, which was normally driven by the driver's failure to enter the right-hand turn in the zone where the right-hand turn to the left is prohibited from entering the zone where the right-hand turn to the right-hand turn is set at the Hando-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter referred to as the “three-dimensional intersection”) installed and managed by the Defendant.
C. From March 6, 2012 to May 28, 2013, the Plaintiff paid insurance proceeds of KRW 133,868,140 to the victim.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination
A. 1) The defects in the construction and management of public structures as stipulated under Article 5(1) of the State Compensation Act refer to the state in which the public structures, which were offered for public purposes, do not have ordinary safety requirements according to their intended use (see Supreme Court Decision 2013Da208074, Oct. 24, 2013). 2) Whether the instant multi-level intersection was in a state in which the instant multi-level intersection was in a state in which the public structures have safety requirements to have been ordinarily prepared.
Based on the aforementioned evidence, the following circumstances, namely, ① the instant three-dimensional intersection that B entered the station direction, appears to have been likely to enter the station direction by causing confusion as the center line was cut down, ② there was no right straight lines and no left-hand turn sign exist on the road side, ③ there was no traffic safety enlightenment sign on the right-hand left-hand turn at approximately five meters later, but there was no starting-way guide sign. ④ The instant three-dimensional intersection road is a road on which no street lights were installed.