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(영문) 서울중앙지방법원 2015.12.18 2015가단5129550
구상금
Text

1. The Defendant’s KRW 17,662,00 for the Plaintiff and KRW 5% per annum from April 16, 2015 to December 18, 2015.

Reasons

1. Fact-finding;

A. On December 30, 2014, on December 30, 2012: (a) around 12:29, the network A (the age of 63, South) driven a bate motor vehicle at the national highway of the National Highway No. 75, which was driven by a road at the right angle, while driving at the right angle from the right angle to the right angle, and went away from the road at the right angle and died by a prolonged prolonged electric power failure, etc. at a height of about 15 meters.

(The accident of this case). (b)

On December 28, 2014, at the front of the area where the said car was crashed, a protective fence was installed around the original bend (so-called string sign) and around the point where it was crashed, but at the time of the instant accident, the diver was removed due to the diver-day replacement work (the work of removing the diver-day without the existing performance rating, and replacing the diver-day with the diver-day of grade 4) and the previous diver-day removal was made in the state of removal of the diver-way sign during the construction process.

C. The accident point of this case was a bend and down by the direction, and the accident where the vehicle shocked in the past was a harsh place.

Although the Defendant removed dricks and signboards, there was no sign or facility separately installed to the driver that the location of the instant accident at issue is to prevent him from being honded by the coordinates of the instant accident.

In this case, the construction period was from December 15, 2014 to December 26, 2014, as the Defendant contracted to S. Corporation.

However, the Corporation delayed construction without any special reason, but removed the existing Amateur on December 28, 2014. On December 30, 2014 immediately after the occurrence of the instant accident, the Corporation commenced the installation of Amateur from December 30, 2014 and completed the Amateur Replacement Construction on January 1, 2015.

E. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with the deceased A regarding the passenger car. The Defendant is the construction and construction of the above road.

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