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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract for LIG sales car with BW options car (hereinafter “Plaintiff”), and the Defendant is the construction manager of the road in front of the agricultural warehouse for Kim Jong-gun, Gangwon-gu, Gangwon-do, the place where the instant accident occurred as follows (hereinafter “instant road”).
A, around 17:52 on December 12, 2014, while driving the Plaintiff’s vehicle and making a left turn to the left at the school affairs, Kim Jong-gun, Gangwon-do, Kim Jong-do, and making a right turn to the right right at the same Eup Cheongyang-ri side of the Eup, and leaving the road of this case, while leaving the road of this case, suffered an accident that was returned to the lower part of the 3m high water and died.
(hereinafter “instant accident”). After the occurrence of the instant accident, the Plaintiff paid KRW 74,154,520 to the victims, etc. of the instant accident by March 9, 2015, as the insurer after the occurrence of the instant accident.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 5, 6, and the purport of the whole pleading
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The place of the instant accident is a deep drainage channel on the side of the road, and there is a concern that a large accident may occur in the event the road shoulder and the vertical elevation is not less than 3 meters, so the Defendant need to install a protective fence so that vehicles or pedestrians can not be omitted. However, the Defendant did not install a protective fence. (2) Even though the location of the instant accident is necessary to install a protective fence to prevent the entry of various safety signs or drainages that are deep on the road, or the entrance to the drainage system, which is necessary to prevent the Plaintiff from getting out of the road and leaving the road, resulting in the Plaintiff’s death.
3. The defendant shall be liable to compensate for damages caused by defects in the construction and management of the road of this case, and the defendant shall be liable to compensate for damages caused by the plaintiff's payment of insurance money as above.