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(영문) 대전지방법원 2017.01.12 2015가단216526
구상금
Text

1. The Defendant’s KRW 6,923,673 as well as the Plaintiff’s annual rate of KRW 5% from June 17, 2015 to January 12, 2017.

Reasons

Basic Facts

A. The Plaintiff is an insurer that entered into a comprehensive business-use motor vehicle insurance contract (personal compensation I, personal compensation II, property compensation II, automobile injury, automobile accident without insurance, etc.) with respect to the instant motor vehicle B owned by it (hereinafter “instant motor vehicle”) from May 3, 2014 to May 3, 2015 with respect to the insurance period from May 3, 2014 to May 3, 2015, and the Defendant is a person responsible for the maintenance and management of the road at the location where the following traffic accident occurred

B. On June 2, 2014, at around 13:50, D local highway C (hereinafter “instant road”) and the point of accident on the said road are moving from the Cheongyang-do to the air-proof area, A, a vehicle, who has left the right direction to the direction of proceeding on the eroline, went to the right side of the road.

C. In the foregoing accident, the instant vehicle was damaged due to the injury of E, such as cage cage cages, and the injury of F, such as sage cages, and strekes, and the injury of A, such as strekes, was damaged.

In relation to the above accident, the Plaintiff paid to E KRW 21,618,290 as medical expenses, etc., and KRW 14,254,240 as medical expenses, etc., and paid KRW 26,327,610 as medical expenses, etc. and KRW 7,036,590 as repair expenses of the instant vehicle.

【In the absence of any dispute, the Plaintiff asserts that the Plaintiff is liable to pay to the Plaintiff an amount equivalent to the Defendant’s fault ratio (40%) out of the insurance proceeds paid by the Plaintiff to the Plaintiff in relation to the instant accident, on the ground that the following defects were caused by the occurrence of the instant accident and the expansion of damages, and that the Plaintiff is liable to pay to the Plaintiff an amount equivalent to the Defendant’s fault ratio (40%) out of the insurance proceeds paid by the Plaintiff to the Plaintiff in relation to the instant accident.

(1) Rules concerning the standards for the structure and facilities of roads due to defects in the plane, fluorite, diameter, and slope in the corner of the valley at the location of an accident.

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