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(영문) 대전지방법원 2016.10.05 2016가단202623
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Occurrence of a traffic accident and payment of insurance proceeds;

A. On June 9, 2015, A around 14:57, at the arrival of the Jinnam Hospital (hereinafter “instant vehicle”), an accident of falling at the sea below 10 meters following the arrival of the instant vehicle (hereinafter “instant accident”) was occurred, which was conducted health examinations conducted on B freight (hereinafter “instant vehicle”) at the arrival of the Jinnam Hospital Line 501, and went back to C and D, which was returned to the Republic of Korea, and was crashed at the sea below 10 meters from the arrival of the instant vehicle.

In the instant accident, E and D died respectively.

B. The Plaintiff, as an insurer that concluded a comprehensive automobile insurance contract with F, the owner of the instant vehicle, paid insurance proceeds of KRW 70,604,980 to the heir of the deceased C, and KRW 68,639,170 to the heir of the deceased.

C. The Defendant is the managing body of the landing place in which the instant accident occurred.

In the entrance of the landing place where the accident of this case occurred, there is a sign prohibiting parking and stopping of vehicles.

The width of the above landing place is about 11.8m and the landing place is installed with a rail of about 62m from land to 62m, and a slope of 40m thereafter.

The part of the bend of the bend of the bend of the ship is the area locked into the sea at full tide and the ship is the area adjacent to the sea.

The point where the instant vehicle falls is the left-hand side of about 10 meters from the place where the slope begins.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4-7, 9 (including provisional number), Eul evidence Nos. 1, 2, 5, 9, 10, and the purport of the whole pleadings

2. Whether it is liable for damages;

A. The Plaintiff’s assertion in the instant accident place did not have the vehicle entry prevention facilities and safety facilities, etc., and the defect in the installation and management of the safety demonstration room constitutes the defect in the construction or management of the public structure as stipulated under Article 5(1) of the State Compensation Act.

In the instant accident, the Defendant’s failure to install and maintain the Defendant’s vehicle access prevention facilities, safety facilities, etc. and the driver’s fault of the instant vehicle were concurrent.

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