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(영문) 부산지방법원 2016.09.22 2016가단300878
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 24, 2013, around 15:00, A, driving B truck (the conclusion of an insurance contract with the Plaintiff; hereinafter “instant truck”) and operating a road at a point of approximately 100 meters away from the main base rock direction at the city of Busan-gun, Cheongwon-gun (hereinafter “instant road”) in a neutral road, which led to the shock of the right-hand telegram of the road, while driving the road at a point of approximately 100 meters away from the main base rock direction within the principle of the city of Busan-gun, and resulting in the death of the winner C and the injury of D.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 13, and the purport of the whole pleadings and arguments.

2. Determination

A. Whether the Defendants are the road management authority of the instant road, the Plaintiff did not assert any assertion as to why the instant road constitutes a road according to the classification under Article 23 of the Road Act, and why the Defendants were the road management authority of the instant case.

B. According to the images of Gap evidence Nos. 14, 15, and Eul evidence No. 2, since the accident point of this case is not an acute kib section, it appears that there is no need to install traffic safety signs. Since the slope is complete, there is no need to prevent the collapse of the road or pack the road, and there is no need to install the shock absorption facilities, not only the width of the road is sufficiently wide, but also the utility operator is installed outside the road, and it is not installed outside the road. Therefore, it is not necessary to install the shock facilities.

3. Accordingly, the plaintiff's claim is dismissed.

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