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1. The Defendant’s KRW 75,922,978 with respect to the Plaintiff and 5% per annum from November 25, 2011 to March 12, 2014, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with A vehicle (hereinafter “instant vehicle”).
B. B, around 10:00 on February 29, 2008, driving the instant vehicle, and driving the two lanes near the 130.2km in the 88 Olympic Highway (hereinafter “instant expressway”) (hereinafter “instant expressway”) around the 130.2km in Gwangju, the front part of the C driver’s D vehicle (hereinafter “instant damaged vehicle”) facing the median line and driving the instant vehicle along the one-lane in the opposite Do, while driving the two lanes on the 130.2km in the west of Gwangju Sea, at the west, the vehicle was killed and the passenger was injured by the passenger and the victim of the instant damaged vehicle.
(hereinafter referred to as “instant accident”). C.
The Defendant occupied and managed the instant expressway, and until November 25, 201, the Plaintiff paid the victims totaling KRW 506,153,190 as damages for personal and material damage caused by the instant accident.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
2. The parties' assertion
A. The point where the Plaintiff’s instant accident occurred is an expressway with a speed of 80 km per hour, and is a hond road, so there is a high possibility of the central line of the passing vehicle. Therefore, the Defendant was at least responsible for installing the central separation zone, the protective fence, or the central separation salary at least, even though it had been installed.
Ultimately, the accident of this case occurred concurrently between the defendant's negligence in managing the highway of this case and the driver's negligence of this case. Thus, the defendant, the joint tortfeasor of the accident of this case, is obligated to claim for reimbursement of KRW 151,845,950 equivalent to 30% of the insurance money paid to the plaintiff who paid the insurance money for the damage of this case due to the accident of this case.
B. The point where the instant accident occurred in the Defendant is the Central Separatement Zone.