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The plaintiff's claim against the defendant Chungcheongnam-do is dismissed.
Defendant Republic of Korea KRW 52,932,776 and this shall apply to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Daedong Mining Co., Ltd. and the vehicle A (hereinafter “instant vehicle”).
B. B, around 18:42, after sunset on October 20, 201, driven the instant vehicle, and turned to the right line 29 of the national highways from the section of the Gu's Myeon Office in order to enter the west Hong-gun Port (hereinafter referred to as the "instant accident") the instant vehicle caused the death during treatment (hereinafter referred to as the "instant accident") by shocking from the section of the Gu's Myeon Office to the section of the Gu's Myeon Office as the section of the Gu's Myeon Office to the section of the main part of the instant vehicle.
C. The instant accident location is a crosswalk installed at the lower portion of the road crossing 29 crossings with the national highways. The right lower portion is very low. At the time of the accident, the instant crosswalk was located at the intersection where there was no signal apparatus leading to the 29 line under the upper road at the time of the accident and left turn to the left, but the crosswalk was not installed in the front section, and the crosswalk’s surface was also crossed out more than half.
Article 11 of the Enforcement Rule of the Road Traffic Act provides that crosswalks and crosswalks shall be installed on the right side of the road at least 50 meters prior to the crosswalk in the event that there is no signal apparatus at the intersection of the crosswalk in accordance with the standards for the installation of crosswalks in attached Table 6.
In addition, according to the National Police Agency's traffic union display and management manual, it is stated that the portion not clear about certain sections, letters, signs, etc. of the surface is deemed to reach the degree of the section in question, or that it should be circulated promptly in cases where the visibility of the surface significantly falls at night.
E. The lower roads of the instant accident location are as follows.