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1. The Defendant’s KRW 11,840,829 against the Plaintiff and the Plaintiff’s 5% per annum from July 13, 2016 to October 23, 2018.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to Bunst motor vehicle owned by A (hereinafter “Plaintiff-owned vehicle”) from August 23, 2014 to August 23, 2015. The Defendant is the construction manager of five national highways located in Gyeongwon-gun, Gyeongwon-gun, Gyeongnam-gun (hereinafter “instant road”).
B. A, around 00:38 on May 20, 2015, driven the Plaintiff’s vehicle, leaving the road in this case to the right side of the direction while driving the road into one-lane of two-lanes from the front side of the Plaintiff’s vehicle while driving the road in this case on the Halwon-gun, Halwon-gun, the Halwon-gun, the Halwon-gun, the Halwon-gun, the front side of the Plaintiff’s vehicle, and the death was caused thereby.
(hereinafter “instant accident”). C.
The Plaintiff paid a total of KRW 118,408,290 to A by July 12, 2016, and the insured amount is within the scope of the amount of damages suffered by A due to the instant accident.
The map on the site of the accident of this case is as shown in attached Form 1, and among the guidelines for the installation and management of road safety facilities (hereinafter “road management guidelines”) applied at the time of the accident of this case, the relevant contents of this case are as listed in attached Form 2.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6-3, 6-4, 6-19, Eul evidence No. 2, the purport of the whole pleadings
2. The parties' assertion
A. The main point of the Plaintiff’s assertion is that the Defendant is the installer and manager of the instant road, and ① the instant road has to install visible facilities, such as the starting point sign and lighting lighting facilities, to inform the direction change of the right side of the valley with the section connected to other roads and the valleys. However, the Defendant did not install the starting point of the length so that the driver does not feel difficult to control the Hand, ② the driver did not have a light radius of the length. ③ At intervals of 200 meters prior to passing through the dangerous point, the Defendant did not install a warning sign continuously and install ELD sign at intervals of 200 meters in the valleys. ④ The point of the instant accident.