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1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A and B (hereinafter “instant vehicle”).
B. On January 23, 2014, at around 02:55, C, an operator of A, a corporation, was negligent in driving the instant vehicle in the state of alcohol concentration of 0.124% and neglecting the duty of drinking alcohol at the eth of the front eth of the ethrodo in Gwangju City, Gyeonggi-do, and caused death during treatment by shocking the victim F, who walked on the side of the roadway in the direction of the vehicle in the direction of the vehicle, while neglecting the duty of drinking alcohol at the eth of the front eth of the eth of the Do in Gwangju City.
(hereinafter referred to as the "accident of this case")
As the insurer of the instant vehicle, the Plaintiff paid KRW 150,00,000 to G and H, who is the heir of the victim F, and paid KRW 30,43,768 to the medical expenses, and paid KRW 328,706,990 in total, which was refunded by C, as the insurance proceeds of the instant accident.
In the first place of the instant accident, the road was a first line without India. The Defendant Gwangju City and the Defendant Seowon Co., Ltd. entered into an agreement on December 8, 201 to confirm and pack the road approximately 3.4 km (City/Do No. 7 lines), including the road at the point of the instant accident (the Defendant Gwangju City takes charge of administrative procedure support, incorporated land and obstacles compensation, and Defendant Seobwon decided to take charge of design service and facility construction). The Defendant Seobwon Co., Ltd. obtained the authorization of the implementation plan for urban planning facilities on December 8, 2012 and carried out construction from May 20, 2013 (hereinafter “instant construction”). At the time of the instant accident, the road was extended to the second line.
E. At the time of the instant accident, there was a boundary line on the side of the side in which the victim was walking, which separates the roadway from the delivery, but India was suspended the delivery work during the same season with the covering of the sidewalk block with soil without covering it.
[Ground of recognition] dispute.