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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 entered into an automobile comprehensive insurance contract with respect to A Launlled Vehicle (hereinafter “instant vehicle”), and the Defendant is the manager of Gun, which is a local road of 19 lanes.
B. Around 08:00 on March 13, 2015, Non-Party B 1: (a) moved to the back seat and driven the instant vehicle at a speed of approximately 60 kilometers from the cross-section 19 kilometers; (b) was cut off before the point D (hereinafter “the point at which the instant accident occurred”); and (c) fell under approximately 7 meters from the road by shocking the drums on the right side of the site at which the instant accident occurred, leaving the road (hereinafter “instant accident”); and (d) around the point at which the instant accident occurred, some snow was stored around the side of the road due to the snow coming from the new wall on the same day.
C. Meanwhile, from April 1, 2015 to September 18, 2015, the Plaintiff, as the insurer of the instant vehicle, paid KRW 142,20,600 in total as the insurance proceeds of the instant accident (i.e., KRW 125,097,340 driver B8,753,260 in the instant vehicle repair cost of KRW 6,975,00 in the instant vehicle repair cost of KRW 1,375,00 in the instant vehicle repair cost of KRW 1,375,00 in the instant vehicle repair cost).
(Ground for recognition: Facts without dispute, Gap evidence 1, 4, 6 through 8, Eul evidence 10 (including each number; hereinafter the same shall apply), each statement, video, and the purport of the whole pleadings
2. Determination:
A. The point of the Plaintiff’s assertion did not have the signs of speeding or fall, and the point of the accident in this case is be designed and constructed at a lower right level on the left-hand side because of the bend, the left-hand side is low, and there is a risk of leaving the road to the right-hand side in the event there is a ice or water source on the court below’s power or the dynamic road surface. In this case, the vehicle leaving the road has a risk of falling on the drick, ice, snow, and snow of the Defendant, even if there was a risk of falling on the dricks between the dricks installed at a lower level on the road and the dricks.