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(영문) 서울중앙지방법원 2017.03.22 2016나65659
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with A with respect to B rocketing vehicles (hereinafter “Plaintiffs”). The Defendant is the managing body of the road where the following accidents occurred.

B. On October 22, 2013, around 09:40 on October 22, 2013, the Plaintiff’s vehicle at A driving caused an accident where the Plaintiff’s vehicle shocks the vehicle left left from the opposite direction while driving in front of the D resting area located in Scheon-si C, at the intersection in front of the D Rest area, and at the bar-side one lane from the steel-line boundary, and the left left from the opposite direction (hereinafter “instant accident”).

C. The instant accident site was installed with a drick protection fence to block the crossing of the road in the central line of the road, even before the intersection without signal apparatus, but was cut off only from 13 meters in the intersection section, the stop line was marked on both directions of the intersection and the sign that there was an intersection up to the intersection immediately before the intersection was installed.

The Plaintiff paid KRW 1,515,010 as the repair cost of the Plaintiff’s vehicle due to the instant accident, and paid KRW 36,646,920 in total to E as the king and future medical expenses and consolation money.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1, 2, and 4 through 7, and the purport of the whole pleadings

2. Whether the defendant is liable

A. The plaintiff asserted that the defendant's construction and management defects of the road managed by the defendant also caused the accident of this case. Thus, the defendant asserts that the defendant is obligated to pay the plaintiff the amount equivalent to the defendant's fault out of the insurance proceeds paid by the plaintiff, and the defendant asserts that there is no defect in the construction and management of the road.

B. According to the above facts of recognition, there is no sign at all on the road in the direction of the running of the Plaintiff’s vehicle in which the instant accident occurred, and it goes beyond the center line on the opposite direction as in the instant Oba.

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