Text
1. The Defendant’s KRW 27,442,00 as well as 5% per annum from April 25, 2012 to September 27, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 26, 2012, A was driven by B (hereinafter “instant vehicle”) around 10:30, and received the end of the drick-type protective fence (the end of the section; hereinafter “the end of the drick-type protective fence”) in part opposite to the direction of progress on the part of the instant vehicle, when driving the instant road No. 31 of the 7 ridged 31, ridged in the 7 ridged ridge located in the Jincheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the Defendant managed (hereinafter “instant road”).
As a result, there was an accident where C, who was on board A and C, a driver, was killed, and the vehicle was damaged (hereinafter “instant traffic accident”).
B. The Plaintiff paid KRW 137,210,000 as insurance money to the victims of the instant traffic accident, etc. by April 24, 2012, as the insurer that concluded the instant comprehensive automobile insurance contract with respect to the instant vehicle.
C. (1) The traffic accident location of this case, including the situation of the road where the accident occurred and the handling of the part of the protective fence, is one-lane and two-lane roads, and the road accident area of this case is one-lane and two-lane roads, considering the vehicle of this case from the road of this case, and immediately after the honding section, it is about 10% gradient.
(2) At the time of the instant traffic accident, the road of this case did not have a central line classification while the road of this case was being filled up on the road section to be the main line of the road. At the time of the instant traffic accident, the road of this case was installed on the road section with a high falling risk, and the road of this case did not have a protective fence for the maintenance of vehicles in the construction site.
On the other hand, snow removal work is conducted on the road surface of this case in order to prevent the occurrence of snow around the time of the traffic accident.