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1. The Defendant’s KRW 5,015,00 for the Plaintiff and the Plaintiff’s annual rate of KRW 5% from December 2, 2014 to December 17, 2015.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with A as to B vehicles owned by it (hereinafter “Plaintiff vehicles”), and the Defendant is the person in charge of the road management where the following traffic accidents occur:
B. On January 12, 2014, at around 09:55, A, while driving the Plaintiff’s vehicle and driving a bend and downway road along the national highways near the Asan City, A, left the lane due to negligence, such as not reducing speed, etc. while the said road is a iceway, thereby falling down below the drails (hereinafter “the instant drails”). Accordingly, A suffered bodily injury, such as the 1st vehicle emissions.
(hereinafter “instant accident”). C.
From January 23, 2014 to September 5, 2014, the Plaintiff paid KRW 50,150,000 to A as insurance proceeds.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including each number, if any), Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. Comprehensively taking account of the evidence and the following circumstances revealed prior to the occurrence of the liability for damages, it is reasonable to deem that the Defendant managed the instant diversity in an insufficient state to prevent the risk of escaping from the road when it conflicts with the vehicle in the state where the diversity day and the prop is displayed, as a manager of the instant road, even though the diversity day of this case should not interfere with the function as a protective fence, and it is reasonable to deem that such defects in the construction and management of the instant road were caused by the occurrence of the instant accident and the expansion of damages. Accordingly, the Defendant is liable to compensate for damages caused by the instant accident.
① The Gails of this case is a summary
Out of the way the vehicles out of the normal route as the protection fence for the old side of the road.