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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 17, 2013, at around 00:53, the premise that there was no dispute, the first vehicle driven by A on the 29th parallel parallel of the ridge tunnel, which had been driven by the 1st parallel of the 29th parallel of the lux-gun, B, which had been operated by the Defendant on the top of the lux-gun, the lux-gun, B, which had been operated by the Defendant on the top of the lux-gun, was driven by approximately 109km at the speed of the city, left the lux-ro, the left side of the road was cut off on the left side of the vehicle, followed by the first shock of the lux-ro, and then the central lux-level mitigation-down system of the front part of the right line was cut off on the top of the opposite road. In this case, the vehicle driven by B, which had been driven on the said 1st parallel, caused the death of the vehicle, and the accident of this case occurred.
As an insurer who entered into an automobile insurance contract with B on February 14, 2014, the Plaintiff KRW 2,957,000 for the second vehicle repair cost to B on February 14, 2014;
8. 27. A’s bereaved family members paid 101,957,000 won each as insurance money, including 99,000,000 won.
2. The plaintiff asserted and determined that the road of this case at the place of accident should have been installed with adequate vehicle protection facilities, such as a protection fence, in proportion to its unique characteristics, such as the formation section of the valley and the existence of an adjacent lane, etc. Therefore, the defendant asserts that as a responsibility for defects in the construction and management of public structures, the defendant is liable for the amount equivalent to 40% of the defendant's liability out of the plaintiff's insurance proceeds paid to the plaintiff who vicariously exercises the right to claim damages against the defendant.
However, if the purport of the entire pleadings is added to each entry in Eul 1, 2, and 3, the road in the place of the accident in this case is designed to complete two times more than the valley radius specified in the relevant regulations, and the center separation cost is installed between the opposite lane, but the speed of the first vehicle exceeds 30 km and the driver's safety labelling of A, which is the driver.