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(영문) 춘천지방법원강릉지원 2014.10.07 2014나5156
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Around 09:20 on April 17, 2013, the network A (hereinafter referred to as “the network”) driven a B vehicle and proceeded with the national highway No. 56 in the direction of debate in the direction of the Gangseo Yangyang-gun’s document delivery, which led to the occurrence of an accident where the Daejeon obstacles, located on the right side at the entrance of the village care center located in the direction of progress (hereinafter “the instant accident”) in the front of the said vehicle, which led to the death.

B. The Plaintiff, as an insurer who concluded a comprehensive insurance contract for the foregoing vehicle, paid KRW 111,326,810 to the deceased’s bereaved family members in relation to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 5-1 to 10, Evidence No. 6-1 to 52, and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1) At the location where the accident of this case occurred, there were Daejeon obstacles around 30 cm from the road, and thus, the defendant, the manager of the above road and its affiliated facilities, is required to install shocking facilities, protective fences, and safety facilities, etc. near the above accident site, and caused the expansion of damages caused by the accident of this case. As such, the defendant is responsible for the accident of this case since the accident of this case caused the expansion of damages due to the non-construction of the defendant's road, management defects, or liability ratio to 5,63,405 won in compensation amount paid by the plaintiff to the plaintiff. 2) The road of this case where the defendant's accident of this case occurred is limited to 50 km/h, the maximum speed of the road of this case is limited to 50 km/h, and two crosswalks and crosswalks are installed within the front of the accident site, and the road safety facilities of this case are installed in the road of this case as well as the road of this case.

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