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1. The Defendant’s KRW 2,289,00, and the Plaintiff’s annual rate of KRW 5% from April 17, 2019 to August 20, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who purchased insurance with respect to C vehicles from January 4, 2019 to January 4, 2020.
The insurance includes a special contract for automobile injury, which guarantees self-vehicle damage within the limit of 7,320,000 won per accident, and pays 100,000,000 won per person for death insurance.
The insured is B.
B. On February 26, 2019, at around 05:54, B driven the above vehicle, and turned off the national highway No. 37 near the E golf course in Gyeonggi-gun D from the Yan-gun bank to the one-lane boundary, which was driven along the two-lanes of the two-lanes, and went away from the road, leading to the shocking of the central line to the protective fence of the opposite lane.
(hereinafter “instant accident”). B killed in the instant accident.
C. On February 19, 2019, two weeks prior to the date of the instant accident, the snow was accumulated at approximately 0.5 cm away from 4m of snow in Newcheon-gu, Gyeongcheon-gu, Gyeonggi-do, the instant accident site, and the Defendant, as the managing body of the said road, performed the snow removal work on the same day.
However, the snow remains in the vicinity of the two lanes and the twelve lanes of the above road until the date of the accident in this case. D.
With respect to the instant accident, the Plaintiff paid KRW 107,630,000 insurance money to the inheritor of B until April 16, 2019 (= KRW 1,280,000 for the repair cost of dives 6,350,000 for the automobile value of KRW 1,280,000 for the death benefit of KRW 100,000 for the death benefit of KRW 129,968,474 for the daily income of KRW 209,968,474 for the total amount of KRW 100,00 for the death benefit of KRW 129,968,00 for the death benefit of KRW 474 for the first time).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, Gap evidence 6-1 to 3, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant accident occurred due to the defect in the construction and management of the above road by the Defendant, who is the construction and preservation manager of the above road, and the Plaintiff paid the insurance money to the heir B.