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(영문) 대전지방법원 2017.01.12 2016가단200306
구상금
Text

1. The claim of this case is dismissed.

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

Reasons

Basic Facts

A. The Plaintiff is an insurer who entered into an personal automobile insurance contract with respect to B and C Edradar vehicles (hereinafter “instant vehicle”), the president of the network A (hereinafter “the network”). The Defendant is a person responsible for the maintenance and management of the road at the location where the traffic accident occurred below.

B. On October 4, 2014, while under the influence of alcohol around 00:30, the Deceased was driving the instant vehicle, resulting in an accident on the 45th national highways (the national highways of the four-lanes, the design speed of 80km/h; hereinafter the above roads referred to as the “instant road,” and the above accident points on the road are referred to as the “instant accident points”) of the Jinsan-do road at Asan-si National University University located within the jurisdiction of the City of Busan-si, the vehicle was set away from the intersection to the right side of the port of Hancheon-do, and the vehicle was set away from the intersection to the right side of the port of Hancheon-do, and the fire protection fence was installed on the right side of the road (hereinafter referred to as the “instant accident”). The above protection fences were destroyed on the front part and the part of the Deceased and the part of the Deceased, and died on the site of long-term damage, etc.

C. The Plaintiff paid KRW 100 million insurance money to the deceased’s heir, heir D’s heir, and heir D’s person with parental authority.

The above automobile injury insurance amount of KRW 100,000,000 is subject to a special contract for automobile accident insurance included in the above insurance contract, and the above insurance terms and conditions shall acquire the rights of the insured to the third party within the scope of the insurance amount paid when the plaintiff paid the insurance amount to the insured, and if the plaintiff compensates the part of the insured's loss, it shall be subject to the acquisition of such rights to the extent that it does not infringe the rights of

[Ground of recognition] The plaintiff did not have any dispute, Gap evidence Nos. 1, 14 through 16, 23, 29, Eul evidence Nos. 1 and 4 (including each number), the purport of the whole pleadings, and the gist of the plaintiff's assertion. The road and the road of this case.

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