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(영문) 서울중앙지방법원 2017.07.03 2016나52493
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who concluded an insurance contract with A by setting the insurance period with respect to B automobiles for B (hereinafter “Plaintiff vehicles”) from March 31, 2015 to March 31, 2016.

B. 1) On August 11, 2015, the Defendant: (a) around the same mining industry development company (hereinafter “the same mining industry development”)

(2) On September 7, 2015, the development of the same mining industry ordered six road repair works contracts, such as national highways 4 lines and 3 lines, to which the construction work was suspended on the repair work on the road located in the Nowon-gu, Chungcheongnamcheon-gun, the main road of the national highway 4 lines, and on September 7, 2015 (hereinafter “instant repair work”). Since the construction work was completed during the daytime, it was deemed that the risk of accidents was high to control the road of the said construction section at night, the development of the same mining industry resumed the traffic of the road of the said construction section.

On the other hand, there is no evidence to deem that construction guidance or traffic safety facilities have been installed on the road section of this case at the time of the accident of this case.

3) On September 19:20 on September 7, 2015, C, the spouse of A, driving the Plaintiff’s vehicle and driving along the same lane of the instant road in the rooftop direction. While the road is cut down near the instant road construction section and the height of the road differs approximately 5 to 10cm compared to the surrounding road portion, C, the Plaintiff’s spouse, is a D vehicle driving along the same direction as the Plaintiff’s vehicle (hereinafter referred to as “victimd vehicle”) in the same direction as the Plaintiff’s vehicle, and the vehicle is sprinked by the vehicle of approximately 5 to 10cm compared to the surrounding road portion.

(2) The accident of this case (hereinafter referred to as “the accident of this case”) caused by the shock of the damaged vehicle’s front pande, main set, hedge lamps, etc.

A. The occurrence occurred.

C. On September 23, 2015, with respect to the instant accident, the Plaintiff covered KRW 9,900,000 with respect to the cost of repair of the damaged vehicle to the owner of the damaged vehicle.

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