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(영문) 서울중앙지방법원 2018.12.13 2018가단5064869
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. The Plaintiff is an insurance company that has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with a rocketing car (hereinafter “Plaintiff”) and the Defendant is a local government that manages the roads at the location where the following traffic accidents occur:

B. Under the instant insurance contract, B, the insured’s child under the influence of alcohol level of 00:40% on June 11, 2014, when driving the Plaintiff’s vehicle and driving it on the road bended to the left side from the surface of the territorial sea in the territorial sea of Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the surface of the bridge installed on the right side of the road in the course of entering Songcheon-do to the port of Songcheon-do. As such, B died, and C, who was accompanied by the Plaintiff’s vehicle, caused a traffic accident (hereinafter “the instant accident”).

C. By September 10, 2015, the Plaintiff paid KRW 139,356,100 in total to the said winners C for medical expenses and agreed fees. On December 4, 2014, the Plaintiff paid KRW 2,490,00 in total as bridge repair expenses, thereby paying KRW 141,846,10 in total (hereinafter “instant insurance proceeds”).

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. According to the Plaintiff’s alleged road safety facilities installation and management guidelines, the term “section where the number of lanes or the width of roadways changes” shall be installed, and the term “section where the danger of accidents is high” shall be installed, such as “Obstruction sign” and “a safety facility for the promotion of visibility” and “a shock absorption facility” shall be installed.

The point of accident of this case also is as above.

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