(영문) 서울중앙지방법원 2015.12.18 2014나64942

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자간(%)

(영문) 서울중앙지방법원 2015.12.18 2014나64942

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. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A as to the B-owned vehicles (hereinafter “instant vehicles”), and the Defendant is the manager of the national highways No. 38.

B. On September 29, 2013, at around 08:10, C driven the instant vehicle and driven the instant vehicle, and driven the national highway No. 38 in the vicinity of the ridge cancer cambalian creamble, from the Chungcheong bank to the front of the two-lane cambibal gate, C was shocked (hereinafter referred to as the “instant accident”). Accordingly, the driver C and the passenger D, E, and F died.

C. As an insurer of the instant vehicle, the Plaintiff paid insurance proceeds of KRW 100,183,00 to C’s bereaved family members, KRW 102,721,120, and KRW 4,380,00 in total, KRW 207,284,120 in total, including KRW 4,380,00 in the instant vehicle’s compensation for substitute goods, and KRW 102,721,120 in + KRW 4,380,000).

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including each branch number for which a branch number has been attached), the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion point of the accident of this case was that the defendant who manages the road of this case at the entrance and exit point of the road of this case due to an easy connection with traffic accident, installed a shock absorption facility that meets the standards in light of the speed limit of the road of this case, but failed to install a shock absorbing facility that does not meet the standards, such as the starting leading sign, etc., even though he was obligated to actively install the facilities to prevent accidents, and the defendant's mistake in the construction and management of the road of this case, which is the above public structure, contributed to the occurrence and expansion of damages caused by the accident of this case. The defendant is liable to compensate for damages caused by the defect.

In light of the circumstances surrounding the instant accident, the instant accident.

유사 판례

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