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(영문) 청주지방법원제천지원 2019.03.27 2018가단21599
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D, an employee of the Plaintiff, is the time shown in the black image (Evidence A No. 1) around 13:55 on May 28, 2018.

The Defendant Korea Highway Corporation (A evidence 6) submitted by the Defendant Highway Corporation stated the time of occurrence as “the time of occurrence of the traffic accident, May 28, 2018:57.”

E 25 tons of truck (hereinafter referred to as "Plaintiffs' vehicle") came into two lanes from the gold-three tunnels located at a point 44.5 km in the direction of the Pyeong-gu Highway Round.

At the time, the defendant Korea Highway Corporation was conducting the cleaning of the surface inside the gold 3 tunnels by inserting one road cleaning work vehicle and two work-protection vehicles on the two lanes of the above gold 3 tunnels.

Plaintiff

The FF work-protection vehicle (hereinafter referred to as the "Defendant vehicle") stopped at the entrance of the gold 3 tunnel, but does not take measures, such as change of the vehicle, but proceeded without changing the vehicle, and concealed the front side of the Defendant vehicle.

(hereinafter referred to as “instant accident”) B.

The Plaintiff is the owner of the Plaintiff’s vehicle, and the Korea Highway Corporation is the owner of the Defendant’s vehicle and the manager of the road where the instant accident occurred, and the Defendant C Co., Ltd (hereinafter “Defendant C”) is the insurer who concluded the automobile insurance contract with the Defendant’s vehicle

C. It is called "this case's guidelines for traffic management at road sites in the Ministry of Land, Transport and Maritime Affairs."

The parts related to the instant case are as shown in the attached Form. On the other hand, the same contents as the instant guidelines are also stipulated in the traffic management standards (or award) of the Defendant Highway Corporation for the construction site on an expressway. [The entries as stated in the items of Evidence A, Nos. 1, 4, 8, No. 2, 6, 7, 8, 10, Nos. 2 and 3, and the purport of the whole pleadings and arguments.

2. In the event that road works, such as cleaning of the surface in the Plaintiff’s assertion tunnel, are carried out, safety measures, such as blocking entry of the relevant lane and installing guidance signs, shall be taken to enable the change of the lane before entering the tunnel.

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