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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the network A and B (hereinafter “instant vehicle”).
B. On October 27, 2016, at around 18:10 on October 27, 2016, the network A driven the instant vehicle, and died on the spot at the network C, a driver of the network, and the driver of the vehicle, who moved away from the road without making a turn to the left at the left at the time, while driving the instant three-dimensional distance on the second line road located in the middle line, which was located in the middle line, from the chemical rescue team, and left the road to the middle interesting area.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 62,350,000,000 as the agreed amount with respect to the net C on November 14, 2016, and KRW 62,3350,000,000,000,000,000 as the total damages of the instant vehicle, with the total damages of the instant vehicle on November 16, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. The assertion and judgment
A. The point where the accident of this case occurred in the direction of the plaintiff's argument that the point where the accident of this case occurred can fall down on the sea if the vehicle can fall down on the sea if the vehicle is in a straight-type driver's night, and thus, the defendant who is the manager of the above road is negligent in neglecting this, even though the warning sign and the protection fence for the vehicle should be installed.
The instant accident occurred by the negligence of the Plaintiff’s driver and the Defendant’s negligence in road management. As such, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 187,005,000 (=62,3350,000 x 0.3) equivalent to the Defendant’s ratio of liability, which contributed to the occurrence of the instant accident, out of the insurance money paid by the Plaintiff to the Plaintiff.
B. "Defects in the construction and management of public structures" means that the public structures built for public purposes are not in a state of safety ordinarily required to be secured according to their use, and the construction and management of public structures shall always be maintained in a state of complete integrity.