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(영문) 대구지방법원포항지원 2015.12.22 2015가단303292
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. On January 29, 2015, the network A driven a C B B B B B B B (hereinafter “the instant vehicle”) and driven the instant vehicle at a powder 31 national highways located in the south-gu, west-gu (hereinafter “the instant road”) at the port of port at the time of port, the network A died to the said vehicle (hereinafter “the instant accident”) with the instant vehicle at a lower level below 7 meters on the right side of the road along with the instant vehicle, with the instant vehicle (hereinafter “the instant vehicle”). The instant vehicle died due to the instant traffic accident (hereinafter “the instant accident”).

B. The Plaintiff, as an insurer who entered into the said comprehensive automobile insurance contract with the said B, paid KRW 200,000,000 in total insurance money to Nonparty D, B, and E, the inheritor of the Deceased.

C. The Defendant is the person who constructed and manages the instant road in which the instant accident occurred.

[Reasons for Recognition] In the absence of a dispute, the entries and images of Gap evidence 6 and 14 (including each number), the result of the verification of records of this court (Evidence A 3 and 4), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the Defendant, as the managing body of the above road, could sufficiently anticipate the occurrence of traffic accidents caused by ice ice ice on the road, it did not take necessary measures to prevent accidents, such as marking of ice ice ice ice on the road, road ice ice slurging, prevention measures, and installation of speed limit warning signs on the right side of the road. Despite the installation of PE protection fences on the right side of the vehicle, unnecessary PE protection walls were installed, and the above protection walls were rhyd and neglected at the time of the instant accident, and the said protection wall fell beyond the above drhyth of the drick.

B. The instant accident was committed by the deceased A with due care.

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