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(영문) 서울중앙지방법원 2019.12.20 2019나19701
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the insured C Vehicle B (hereinafter “Plaintiff”), and the Defendant Gyeonggi-do is the manager of the Gyeonggi-do Local Highway E-Road (hereinafter “instant road”).

B, around 16:30 on February 6, 2014, while driving the instant road, which is a one-lane down by driving the Plaintiff’s vehicle, and driving it down in the vicinity of the G cafeteria located in F, and he was faced with the injury of H, I, J, and K, by shocking the utility pole at the right edge of the road outside of the road and shocking it into the front gate.

(hereinafter “instant accident”). By September 7, 2015, the Plaintiff paid KRW 77,895,470,000 as total insurance money based on automobile injury security, self-vehicle damage security, and personal injury security to B and the above passengers.

[Grounds for Recognition: Evidence A (including paper numbers), Evidence A 1 through 12 (including paper numbers), Evidence A 1 through 10, Evidence B 1 through 6, and the fact inquiry results with respect to the government prosecutor's office of the first instance court, and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion is a manager of the instant road, or Defendant Pyeong-gun is a person in charge of granting permission to occupy and use roads in accordance with Articles 96 and 73 of the Road Act and the Gyeonggi-do Ordinance on the Delegation of Administrative Affairs, and the Plaintiff’s negligence is that the Plaintiff and the Plaintiff conflict with the Plaintiff’s vehicle by failing to take such measures, and thus, the Plaintiff did not take such measures so that the utility operator installed in the middle part of the slope of the slope of the instant road of this case does not interfere with the passage of the road. In order to prevent the collision with the utility operator, the Minister of Land, Infrastructure and Transport should have installed the road safety facilities and management guidelines (hereinafter “instant guidelines”) in accordance with the Ministry of Land, Infrastructure and Transport to prevent the collision with the utility operator.

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