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(영문) 서울중앙지방법원 2015.11.05 2015나12788
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 27, 2011, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with H with respect to the B rocketing car owned by it (hereinafter “Plaintiff”) and the Defendant is the construction manager of national highways No. 17 in the vicinity of the Namnam National University in the Southern National University in the Southern National University.

B. At around 03:55 on January 10, 2012, H H’s son, driving the Plaintiff’s vehicle, resulting in the Plaintiff’s death, D, E, F, and G’s injury on the right side of the road, and resulting in the Plaintiff’s loss of balance, leaving the right side of the vehicle’s temporary bank protection fence on the right side of the road, which was installed on the 17-lane road adjacent to the Namnam National University, in order to drive the Plaintiff’s 17-lane road, which was located on the southwest-dong National University, in the southwest-do, from the southwest-do.

(hereinafter referred to as the “instant accident site” and the said accident is referred to as the “instant accident”). C.

The Plaintiff paid totaling KRW 156,325,200 to the bereaved families, etc. of C, the victims of the instant accident, by February 3, 2014.

On the other hand, at the time of the accident in this case, the road at the location of the accident in this case is the road at the point where the plaintiff's vehicle is located in the direction of the vehicle. The road at the point where the accident in this case is located is the road at which the two lanes originally located in the two lanes due to the sewage or the road expansion and packing work, and the two lanes are the one where the two lanes enter the old room. The two lanes in the opposite direction are the one where the two lanes of the two lanes in the opposite direction and the one lane of the above road are the one where the yellow real lines are attached with the yellow real line central line and the one half lanes in the two lanes in the above one lane and the one half lane are attached with the safety zone and the one half of the two lanes, the temporary bank protection fence (PED) of plastic material is connected to the two-lane road, and the two-lane road at a height of about 70cc.

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