beta
Text
1. The Defendant’s KRW 8,759,520 as well as 5% per annum from February 9, 2013 to November 4, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A for motor vehicle injury as to the B motor vehicle.
B. On June 16, 2012, at around 15:23, 2012, A, a road managed by the Defendant, went in the vicinity of the sentence or sub-sections of the national highways No. 34 of Yanpo-gu, Yanpo-si, Gwangju, a road managed by the Defendant, and went away from the lane, and died of the said accident.
C. The place where the instant accident occurred is approaching through a straight line of about 2 km, and there was no particular obstacle to view, and there was an indication that leads the vehicle to proceed in accordance with the shape that is connected to the road. However, the connecting point was not equipped with shock absorption facilities other than the protective fences that have been cut off with the valleys.
According to Article 37(1) of the Road Act, which was enforced at the time of the instant accident, and Articles 38(1) and 48 of the Rules on the Standards for Structure and Facilities of Roads, which are Presidential Decrees, “Road Safety Facilities Installation and Management Guidelines”, which are established by the Ministry of Land, Infrastructure and Transport, based on the Ministry of Land, Infrastructure and Transport established pursuant to Article 38(1) and 48 of the same Act, the Ministry of Land, Infrastructure and Transport has to install shocking facilities at a location with a high risk of accidents such as the entrance quarter. Furthermore, the Ministry of Land, Infrastructure and Transport’s internal guidelines explain the above provisions, stating that “Specially the quarterly point of the road is anticipated to occur frequently with the structure by mistake of the driver’
These shock absorption facilities functions to prevent or reduce human and material damage caused by accidents.
E. By February 8, 2013, the Plaintiff paid the total amount of KRW 87,595,200 to its heir, etc.
[Based on Recognition: Unsatisfy Facts, Gap evidence 1 to 6, Eul evidence 1 to 4 (including paper numbers);