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(영문) 서울남부지방법원 2017.11.08 2016가단224958
구상금
Text

1. The Defendant’s KRW 16,131,00 for the Plaintiff and KRW 5% per annum from November 7, 2014 to November 8, 2017.

Reasons

Basic Facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with the insurance period from June 21, 2012 to June 21, 2013 with respect to B B B B-in vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is the construction manager of national highways 38 lines roads (hereinafter “instant roads”).

B. At around 10:30 on September 28, 2012, A driven the Plaintiff’s vehicle and driven the instant road at a speed of about 72 km at a speed of about a speed of 72 km from the intersection of the Do-Eup at the time of March 28, 2012, A, as in the attached traffic accident report, lost balance immediately after passing from the Do-ro, and shocked on the opposite lane, which was set up in the opposite lane beyond the central line, and fell down on the sloping side below the road beyond the direction.

(hereinafter “instant accident”). The instant accident occurred, the Plaintiff’s vehicle was disseminated, and A suffered injury, such as an acute bladrosis and blood transfusion.

C. By November 6, 2014, the Plaintiff paid KRW 12,510,000,000 as medical expenses, damages, KRW 150,00 as damages, and KRW 12,510,00 as total damages for vehicle damage, respectively. After returning the purchase price for remainder KRW 1,20,000, the Plaintiff paid KRW 161,310,000 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant is the installer and manager of the road of this case, who is a dangerous section, did not install a steel protection fence at the location of the accident of this case, but did not do so.

Even if the level of rating has been strengthened, it has been negligent in neglecting the duty to install a dial length extension lecture and reinforcement board in order to secure the support power of the diverse-day.

The accident in this case is a defect in the construction and management of the public structure of the defendant in addition to the negligence of the driver of the plaintiff vehicle.

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