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(영문) 서울중앙지방법원 2016.02.19 2015가단5116974
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 00:10 on April 19, 2013, the occurrence of the instant accident occurred, around 00:10, 2013, driving a BDDD motor vehicle (hereinafter referred to as “instant motor vehicle”) and driving a road within the Ansan National Industrial Complex in the ancient-si, Masan National Industrial Complex (hereinafter referred to as “instant road”) located in the Sinjin-si, Masan-si. The instant accident took place on the surface of the Hasethyl-si, Inc., on the surface of the Hanri-

When looking at the direction of A's proceeding, the road front of the question of the above company was a section 90 degrees plucking or plucking up to the right side. A was left directly in front of the road of the above company, and was left as it was without bypassing the road.

As a result, C was injured by the chief of the instant automobile, and the instant automobile was destroyed by the instant automobile.

B. The Plaintiff was the insurer who entered into a comprehensive motor vehicle insurance contract with A with respect to the instant motor vehicle, and paid KRW 225,611,040 (i.e., KRW 195,00,000 for C medical expenses of KRW 29,714,00 for repair costs of KRW 897,00 for the motor vehicle) until October 31, 2014.

[Ground] Evidence Nos. 1 through 6, evidence Nos. 6, 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The point where the Plaintiff’s assertion occurred is a dangerous section where the road is 90 degrees right-hand.

However, even though the Defendant was the construction and manager of the instant road, the Defendant did not install any safety signs or safety facilities, such as the starting-way guide sign, informing the location of the instant road that the instant accident occurred rapidly.

The defendant's defect in the construction and management of the road of this case was caused by the accident of this case.

However, by compensating the Plaintiff for damages caused by the instant accident, the Defendant was jointly exempted, and the Defendant’s liability ratio is reasonable in light of all the circumstances. As such, the Defendant is 12,805,520 won out of the total insurance amount paid by the Plaintiff to the Plaintiff, which corresponds to 50% of the total insurance amount paid by the Plaintiff.

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