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(영문) 청주지방법원 2016.02.04 2015가단105667
구상금
Text

1. The Defendant’s KRW 6,443,627 as well as the Plaintiff’s KRW 5% per annum from May 20, 2015 to February 4, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff concluded an automobile insurance contract with the network A regarding the insurance period for the instant vehicle B (hereinafter “instant vehicle”) from October 20, 2014 to October 20, 2015.

B. On April 13, 2015, at around 22:22, the deceased on April 14, 2015, on the front part of the instant vehicle due to negligence in the front part of the instant vehicle due to the accident where the part of the central separation unit was turned down as the front part of the instant vehicle due to the failure in front of the instant vehicle while driving the instant vehicle and passing through the intersection by one-lane of the two-lanes of the 36-lane of the National Highway in front of the Cheongju-gu, Cheongju-gu, Cheongju-gu, the Defendant managed by the Defendant, and died at around 10:04 on April 14, 2015.

(hereinafter referred to as “instant accident,” and the intensity of the instant accident is as shown in the attached Form 3.

The accident site of this case is a section of 60km speed at the right speed of two lanes. The intersection was installed immediately before the location of the accident of this case, and there was a central separation cost from the point where the intersection begins to the third way to make a left turn immediately after passing the intersection.

On the other hand, the defendant removed part of the central separation unit after the accident of this case and installed the starting-line leading salary at all times.

The Plaintiff, as an insurer of the instant vehicle, paid KRW 3,865,000 of the automobile total damage insurance amount to the deceased’s heir around April 30, 2015, and paid KRW 200 million of the damage compensation around May 19, 2015.

E. Some of the guidelines for installation and management of road safety facilities established and implemented by the Ministry of Land, Transport and Maritime Affairs at the time of the instant accident are as follows.

Part I of the Guidelines for Installation and Management of Road Safety Facilities;

1. Central separation zone from a protective fence;

(a) When a central separation zone is installed, traffic safety signs informing the beginning and end of the central separation zone shall be installed for the safety of traffic;

(b)in order to improve the eyesight of the central separation unit at night, the obstacle marker;

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