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(영문) 수원지방법원성남지원 2016.04.21 2015가단218203
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. On April 5, 2015, at around 02:10, A driving a B-car on April 5, 2015, and proceeding from Gwangju to the lower-west viewing along the two-lanes (part of the line of national highway 43) located in the Hanam-si, Hanam-si, in one way, along the two-lanes of the two-lanes, and received C who walk along the safety zone adjacent to the upper left center of the front side.

In this accident, C died on April 15, 2015.

B. The point of accident is about 50 meters away from Gwangju, which is located near the public truck depot near the direction of the operation of the said vehicle, and the alternative situation is as follows:

At the time, C returned to the public truck depot, which is an end point after getting out of the city bus, went out to the intersection, and then walked in the opposite direction to the house according to the safety zone adjacent to the central separation zone of the road.

On the other hand, sidewalks are installed at the right end of the road near the site of accident, and the sidewalk and the roadway are divided into a curbstone and a protective fence.

C. The Plaintiff spent KRW 339,026,250, totaling KRW 19,026,250, and the agreed amount of KRW 320,00,00 for damages until August 13, 2015, as an insurer for the said car.

2. Assertion and determination

A. The main point of the Plaintiff’s assertion lies not only in A’s driving negligence, but also in the following cases in installing and managing a road.

① At the vicinity of the instant intersection, pedestrians were not properly installed, such as crossing facilities and appropriate direction direction direction direction signs, even though the crossing of the instant intersection is sufficiently anticipated due to the opposite side of the road.

② A sidewalk installed on the right side of the road of this case is narrow to the extent that its width does not meet the legal standards, and there was insufficient management of adjoining facilities from the vicinity of the road of this case to the sidewalk.

Therefore, the Defendants are the subject of the instant road affairs or the subject of the cost burden, who is the subject of the instant road affairs.

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