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(영문) 서울남부지방법원 2018.04.26 2016가단219994
구상금
Text

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 that has entered into a comprehensive automobile insurance contract with Nonparty A regarding the instant vehicle “TXG” (hereinafter “instant vehicle”) with Nonparty A as a company running the insurance business, and the Defendant is the manager of the instant road where the traffic accident to be seen below occurred.

B. A, around 13:35 on May 20, 2012 during the term of the said insurance contract, driving the instant vehicle and driving the two-lane road in front of the “D” located in Hongsung-gun, Hongsung-gun, with red-faceh from the luminous side to the red-facehing side, caused an accident in which the shock absorption facilities installed in front of the central separation zone located in the center of the road (the part where the central separation cost is cut for the front and the beginning of the accident) are facing a collision with the said vehicle (hereinafter “instant accident”), and caused Nonparty E and F (hereinafter “accident victims”).

C. From May 24, 2012 to December 26, 2013, the Plaintiff paid totaling KRW 886,678,300 to the victims of the instant accident according to the said insurance contract.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6 through 7 (including paper numbers, hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiff's argument that the defendant neglected to install shocking facilities equipped with "a function to effectively protect the collision vehicle with passengers" or "a function to completely protect the part of the protective fence which is highly likely to cause a fatal injury" in the central separation zone in accordance with the "Guidelines for the Installation and Management of Road Safety Facilities" (Ordinance of the Ministry of Land, Transport and Maritime Affairs) while managing the road of the accident of this case, thereby causing damage to the victims of the accident of this case. The defendant liable at least 20% of the damage in response to the plaintiff's claim for reimbursement in accordance with Article 682 of the Commercial Act, and at least 177,335,660 won = 886.86.

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