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(영문) 서울중앙지방법원 2014.06.13 2013가단5065676
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 entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with Nonparty A and B with respect to the insurance period from December 5, 201 to January 30, 201 with respect to the instant vehicle (hereinafter “instant vehicle”). The Defendant is the person in charge of the management of national highways No. 14.

B. A, at around 14:30 on January 15, 2012, driving the instant vehicle, discovered non-animals while driving the national highway No. 14 in front of the Sliberian Complex at the Sluri-si, Sluri-si, Sluri-si, in front of the Sluri-si, in front of the Sluri-si, in the front section from the front section to the high side of the two-lanes.

The beginning part of soundproof walls on the right side of the road conflicts, the vehicle is moving into the left side due to its shock, and the vehicle is shocked by Nonparty 1, who has driven one lane in the same direction, and stops over a two-lane.

C, who had been on board the instant vehicle by Nonparty 2, died at the site of two structural frames and brain damage; and D, E, who was on board the said vehicle, was injured, and the instant vehicle was damaged.

(hereinafter “instant accident”). C.

With respect to the instant accident, the Plaintiff paid KRW 285,191,102 total insurance money to C under the pretext of the medical expenses and the amount agreed upon to C, and returned KRW 85,55,970 from Samsung Fire, the insurance company of Nonparty 2, who was the insurance company of Nonparty 2, to C.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, and 7's statements, the purport of the whole pleadings

2. The assertion and judgment

A. The place in which the Plaintiff’s assertion occurred is that the second line, which had the second line, entered into the Seongdong Industrial Complex, was temporarily the third line, and the second line became the second line based on soundproof walls, and thus, it falls under the exit classification point by the connection with which the shock absorption facilities are to be installed. However, no shock absorption facilities are installed in the beginning part of soundproof walls, which are the place in which the instant accident occurred.

(e).

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