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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with B and C car volume (hereinafter “Plaintiff”).
B. At around 03:25, October 22, 2017, ASEAN, D, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle into the Cheong Dam near the e-lane managed by the Defendant (hereinafter “instant road”), the said road is a road with a design speed of 50 km/h (restricted speed) and the said road is a low-speed road at the speed of 50 km/h, and at the same time, the said road is a late night-time road. As such, it is necessary to reduce the speed to the maximum extent and operate the steering direction and brake system in a safe way by safely examining the front left and right and right and right and the right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty are exercised
(hereinafter referred to as “instant accident”). The instant accident, D, due to the impairment of diversity, such as a divestroke and scarcity, died as a heart suspension.
C. The Plaintiff paid the deceased’s heir KRW 201,229,740 as the automobile accident insurance money until December 13, 2017.
And the heir of the network D transferred KRW 200 million out of the damage claim that he had against the Defendant to the Plaintiff, and notified the Defendant of the transfer.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 15, Gap evidence 20-1 through 5, Eul evidence 2-1 through 7, results of on-site inspection by this court, purport of whole pleadings]
2. The parties' assertion
A. The Plaintiff’s instant road is a bend and bend road, which is highly likely to cause an accident, even though the vehicle driven by the lower court’s power deviatess from the main road and is highly likely to cause an accident, it was excessively short of the speed and slope compared to the limited slope, and even if it is necessary to install a reticulator, it was not installed with a reticulator, and it is not installed with a protective fence, even though it is a flat fluoring area where a protective fence should be installed.