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(영문) 창원지방법원 통영지원 2018.04.10 2017가단23287
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a corporation running non-life insurance business.

On April 23, 2013, the Plaintiff entered into an insurance contract with the Defendant’s limited liability company (hereinafter “instant vehicle”) with respect to the instant vehicle from April 23, 2013 to April 23, 2014.

B는 2013. 5. 24. 05:45경 이 사건 차량을 운전하여 거제시 장평동 쪽에서 거제시 오량리 쪽으로 진행하던 중 거제시 사등면 성내공단 앞 노상에 이르러 공사구간 급커브 구간에서 도로 좌측 연석을 충격하고 반대쪽으로 튕기면서 도로 우측에 전도되었다

(hereinafter referred to as “instant accident.” The instant accident suffered injury to B, such as cage cages cages and fages at the left, and cages at 5, 6, 7, 8, etc., and C, who was accompanied by the instant vehicle, was killed in the instant vehicle No. 3, and the instant vehicle was destroyed and disposed of as a total loss.

The Plaintiff paid 96,188,090 won for damages to C (i.e., 85,000,000 won for the agreed amount of KRW 11,188,090 for the instant vehicle). The Plaintiff paid 12,550,000 for the damages to the instant vehicle.

The Defendant is the construction and manager of the road at the location where the instant accident occurred.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3, 5 to 8, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The road where the Plaintiff’s assertion occurred is a road where the course of the instant accident changes due to a change in the shape of the main road due to a string-run road expansion works, and the righting section of the bend and the bend are continuous, and the righting section, which is the site where the accident occurred, is designed at a lower level than the main road surface. The righting section, which is the righting point, has a gradient of 8.5% at the time of entry into the lower level, has a gradient of 68.9 meters, and the valleys are composed of 68.9 meters. Such a righting section can be sufficiently predicted for the occurrence of the accident, such as a road going outside the road, which is easy to misunderstand the direction of the main vehicle

The defendant.

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