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(영문) 대전지방법원 2017.07.12 2016가단200429
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 has concluded an integrated insurance contract for business cars with A and B Eyone (15 cc) vehicles (hereinafter “Plaintiff vehicles”).

B. At around 06:57 on December 3, 2014, C, while driving the Plaintiff’s vehicle, and making a left-hand turn at the e-type T-type Intersection in front of a restaurant located in D during the large exhibition, C shocked the front part of the 49 C C C, which was going to the right-hand side from the left-hand side of the Plaintiff’s vehicle, and caused a shock by the shock, leading the Plaintiff’s vehicle and the driver F to approximately 27 meters, and caused a serious injury to F.

(hereinafter referred to as the "accident", and attached Form No. 3

The defendant is the manager of the road at the location of the accident.

[Ground of recognition] Unsatisfy, Gap's entry

2. The plaintiff's assertion and determination are as follows, since the accident of this case occurred due to the defects in the construction and management of the road (the road that was proceeded to the left by the plaintiff's vehicle; hereinafter referred to as the "road driving") of the defendant's accident of this case, the plaintiff claims that the plaintiff exercise the right to reimbursement of KRW 29,615,490, which is equivalent to 30% of the defendant's liability ratio of the medical expenses paid to the driver F of the Ortotoo in the case of KRW 98,718,30,00, and thus, it is examined in order

A. According to Article 10(3) of the Rules on the Structure and Standards of Road Structures and Facilities referred to in subparagraph 1 of the Ministry of Land, Infrastructure and Transport, the Plaintiff asserts that the minimum width of the lane is three meters, and the width of the Plaintiff’s vehicle is 2.9 meters and thus, violates the said Rules.

However, according to Article 10 (4) of the same Rule, the above road is a 40 km section at the restricted speed, and if necessary, according to the type, traffic volume, and other traffic characteristics of the vehicle passing through, and regional conditions, the width and design speed of the vehicle in urban areas, the speed and design speed of which are 40 km or less per hour, shall be 2.75 meters.

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