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(영문) 서울남부지방법원 2017.12.19 2016가단256276
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A for B vehicles owned by it (hereinafter “Plaintiff vehicles”).

B. At around 23:30 on March 16, 2014, C parked the Plaintiff’s vehicle on the street (hereinafter “the instant accident location”). At around 06:00 following the day, E (hereinafter “victim”) was under the instant accident location where the Plaintiff’s vehicle was damaged, and at around 8 weeks following the fall down below the slope of the Plaintiff’s driver’s seat, and suffered injury, such as acute cerebral throsis and cerebral cerebral cerebral lele, which requires approximately 8 weeks medical treatment.

C. Accordingly, the Plaintiff paid insurance money of KRW 68,235,830 in total to the victim as medical expenses, consolation money, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion point of accident is a road, in fact, the defendant is obligated to manage the point of accident in this case according to the road under the Road Act, and even if the right to maintain and manage the road was delegated to the head of the south-gu Seoul Metropolitan City, Ulsan Metropolitan City, by intention or negligence in the course of delegated affairs, the defendant is still liable to compensate for damages as the person to whom the affairs are attributed. The point of accident in this case is a narrow road with a width of 2.4 meters, which is a narrow road in the inside of the defendant or Ulsan Metropolitan City, where a pedestrian is likely to suffer injuries due to a parking vehicle, etc., which is a narrow road with a height of 1.5 meters, and thus, a pedestrian protection fence should not be installed even if the pedestrian is likely to suffer injuries, and the negligence in such defendant or Ulsan Metropolitan City contributed to 30% of the occurrence of the above accident.

Therefore, the defendant shall compensate the victim for the damages caused by the above accident.

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