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(영문) 울산지방법원 2015.06.09 2015가단52755
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. A, around 17:55 on January 19, 2014, driving a vehicle owned by the Sejong Heavy Industries Co., Ltd. (hereinafter “instant road”) on the front of the bus stops in front of the distance of the young-dong, Ulsan-dong, Ulsan-gu, Ulsan-do (hereinafter “instant road”), leading to the shock of C, who illegally crossed the vehicle to the left-hand side from the right-hand side of the said vehicle, thereby causing injury to C, such as flaging, etc.

(hereinafter “instant accident”). B.

The road at the accident site of this case is a four-lane radius between the high-water site north of the Taecheon River and the young-dong of Ulsan-gu, Ulsan-gu, and the distance between young children is the place where there are many citizens due to shopping mall, film theater, etc.

A bus platform is located on the opposite side of the entrance of the young street, and the crosswalk is located at a place significantly away from the bus platform.

The bus platform has a stairs that come up to the male nasium, and pedestrians can get up the underground of the road of this case through the male nasium.

C. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Sejong Heavy Industries Co., Ltd., and the Defendant is the managing agency of the instant road.

The plaintiff paid KRW 48,483,460 to the treatment costs of C, and paid KRW 94,00,000 to the agreed amount.

(e) Guidelines for the installation and management of road safety facilities by the Ministry of Land, Transport and Maritime Affairs. The structure and facilities of roads and the maintenance, safety inspection and repair of roads under Article 37(1) of the former Road Act (Amended by Act No. 12248, Jan. 14, 2014) shall be in accordance with the standards

On January 1, 201, the functional protection fence of Part 3, the main purpose is to prevent vehicles that deviate from the normal course of driving along the road and to reduce the harm of passengers and the damage of vehicles to the minimum extent of their normal driving, and to return vehicles to the normal driving direction.

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