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(영문) 서울중앙지방법원 2014.01.15 2013가단85941
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 an automobile insurance contract with the insured with respect to B Coin car (hereinafter “instant vehicle”) during the period from August 31, 2012 to August 31, 2013. The Defendant is the installation and manager of a local highway No. 364 located in the luminous village at both sides.

B. On October 17, 2012, at around 22:35, A driving the instant vehicle, and driving a local highway No. 364 located in both sides of the two weeks from the enzyn village elementary school in the enzyn village to the water reservoir in the enzyn village. A caused an accident, at the driver's attention, a railing the right side of the bridge (hereinafter "the instant bridge") to the front right side of the said vehicle (hereinafter "the instant accident"), and the said accident fell into the reservoir below the above bridge and destroyed the said vehicle, and the driver A died of the vehicle.

C. The Plaintiff paid KRW 220,830,640,00 (22,842,00,000,000,000 for total loss of the instant vehicle as of February 8, 2013 following the death of A by January 25, 2013).

On the other hand, Article 37 (1) of the Road Act provides that "the structure, facilities, and maintenance, safety inspection, and repair of roads shall be governed by the standards as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs," and the regulations on the structure and facility standards of roads (Ordinance of the Ministry of Land, Transport and Maritime Affairs) provides that "where it is deemed necessary for the prevention of traffic accidents, traffic safety facilities, such as crosswalks, overpasses, traffic safety signs, protection fences, lighting facilities, starting-way guiding facilities, shock absorption facilities, etc., shall be installed (Article 38 (1)), and detailed matters concerning the standards for road structure and facilities, other than those prescribed by the regulations, shall be determined by the Minister of Land, Transport and Maritime Affairs (Article 48). Accordingly, according to the guidelines for installation and management of road safety

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