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1. Of the judgment of the court of first instance, the part against the plaintiff, which orders payment below, shall be revoked.
Reasons
1. Basic facts
A. On March 25, 2010, at least 21:30, A driven a large-scale C passenger car owned by B (hereinafter “instant passenger car”), and died of D around that time, due to this accident while driving a pedestrian network D (hereinafter “the instant accident”). At the entrance of the village where a sunken token is located on a one-lane road with a speed of 60km away from the direction of 50km (hereinafter “the instant road”) at the direction of the red-gun, a speed of 60km (hereinafter “the instant road”).
B. The Plaintiff is the insurer who entered into an automobile comprehensive insurance contract that covers B as the owner of the instant vehicle (no restriction on the driver under the special terms and conditions), and the Defendant is the manager of the instant road.
C. The Rules on the Standards for Structure and Facilities of Roads stipulate that the minimum width of the shoulder shall be 1.5 meters in the case of local public roads with a speed of not less than 60km and not more than 80km, and the width of the shoulder of this case is not more than 0.65 meters, and the width of the opposite shoulder was not more than 1.3 meters.
On April 30, 2010, the insured Party B claimed insurance money against the Plaintiff under the automobile insurance contract. On April 30, 2010, the Plaintiff paid KRW 58,940,030 in total, KRW 521,00 in the cost of repairing road boundary stone, KRW 59,461,030 in total, and the insured automobile repair cost and the driver’s hospital treatment cost.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 (including provisional number; hereinafter the same shall apply), the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s instant accident, in addition to the driving negligence of A, did not install a sidewalk that the Defendant would safely walk on the instant road, and the instant accident hereinafter referred to as “the running direction of the instant road.”