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(영문) 대구지방법원 2017.02.07 2015가단126036
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to a motor vehicle A (hereinafter “the instant motor vehicle”) with the insurance period from November 3, 2010 to March 8, 201.

B. On February 10, 201, at around 01:20, B driven the instant car and permanently moved to the right side of the instant accident site while leaving the road (hereinafter “instant accident site”) at the entrance of the port unit located in the Nakdongyang-dong, Nakdongyang-dong (hereinafter “instant accident site”) from the remote-distance bank to the new-wing-dong bank, and caused a traffic accident that conflicts with the signs of village entry into the instant vehicle with the signs, signal control devices, telegraph poles, street trees.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, C and D who were on board the instant car suffered injuries. D.

As an insurer of the instant car, the Plaintiff paid KRW 83,50,000 in total as damages for the damage of the instant car, such as medical expenses for C and D, village entrance sign, repair expenses such as signal control sign, etc., and damages for the damage of the instant car.

【Ground of recognition】 The fact that there has been no dispute, Gap's entries or videos, or the whole pleadings

2. On February 10, 201, the date on which the Plaintiff’s assertion occurred, on February 10, 201, which was the date of the instant accident, the temperature was a very low sea-surked diversing wave. Water flowing from the hydrant installed on the side of the instant accident point, which was introduced into neighboring roads, including the instant accident point. As such, the ice length was formed.

The car of this case was destroyed by the accident point of this case, resulting in the accident of this case while escaping from the road on the ice ice road due to the sudden change of the car.

Defendant Residential City is the manager of the fire hydrants and Defendant Republic of Korea is the person in charge of road management, and left alone to form the ice length due to the leakage of fire hydrants, and the instant accident occurred due to the above management defects of the Defendants.

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