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(영문) 서울중앙지방법원 2014.03.19 2013가단17641
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On or around December 8, 2011, the Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to B vehicles owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is the construction and manager of national highways No. 6 in the salary class of Yangyang-gun, Gyeonggi-do.

B. At around 17:00 on October 18, 2012, C driven the Plaintiff’s vehicle and stopped on the road, which led to the collision of the Plaintiff’s road No. 6, which is in the upper half of the Gyeong-gun of Gyeonggi-do, along the one-lanes of the two-lanes, in order to overtake the Plaintiff’s E-vehicle (hereinafter “victim’s vehicle”), the two-lanes are changed from the entrance side to the entrance side of the road, and the two-lanes of the two-lanes are shocked, thereby shocking the curbs installed on the right side side of the road, leading to the shocking of the damaged vehicle, moving the direction into the right side of the road, changing the direction to the right side of the road, and stopped on the road, and due to the shock, part of the damaged vehicle fell from the upper part of the road to the upper part of the upper part of the road, and changed to the upper part of the road to the upper part of the road due to the shock direction of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

The instant accident caused the death of F accompanied by D and damaged vehicles, the Plaintiff’s vehicle was scrapped, and the Plaintiff paid KRW 380,303,000 as insurance money to D’s heir, etc. by December 28, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 12, 14, 15, Eul evidence 1 and 3 (including these various numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The accident location of the Plaintiff’s assertion is a section adjacent to the riverside, and falls under the section where the risk of the road can fall on the floor of the riverside immediately if it goes beyond the right side of the road.

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