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(영문) 대구지방법원 2018.08.24 2016가단127067
구상금
Text

1. Defendant A shall pay to the Plaintiff KRW 127,602,570 as well as 15% per annum from November 11, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A is a person who caused a traffic accident by negligence in the course of driving a motor vehicle, and Defendant Korea Highway Corporation is a person responsible for the construction and management of an expressway where the following traffic accidents occurred, and the Plaintiff is a local government having jurisdiction over the place where the following traffic accidents occurred and the local residents.

B. Around 11:30 on May 20, 2016, Defendant A driven a CA car and proceeded with the front left side of the DD tank vehicle owned by the Intervenor to the Korea Highway Corporation, which was driven on the right side of the said vehicle, in order to avoid a change of the two lanes from three lanes to two lanes, while Defendant A was driving in one lane among the four-lane roads in the vicinity of the D D D D D tank Crossing road located in the Seocheon-dong, Daegu-gu, Daegu-gu. (In the process of changing the vehicle, Defendant A operated the vehicle on the left side in order to avoid the change of the two lanes from three lanes to two lanes. (hereinafter referred to as the “accident”).

2) As a result of the instant accident, the said tank glass vehicle was subjected to soundproof walls to the right side of the area adjacent to the instant accident site on the Gyeong Highway. However, there was an urgent situation in which the said tank glass vehicle flown into the surrounding area of the instant accident, with approximately 32,00 liters of oil (e.g., transit; hereinafter the same shall apply) stored in the tank due to its shock, and the said tank glass vehicle was dissolved (hereinafter the same shall apply) due to a fire (the first damage), as well as the leaked light oil flows into an excellent route and irrigation channel in the vicinity of the site of the accident, and flown into the surrounding area of the expressway soundproof walls, vehicles, and deaf-gu storage, along with fire-fighting water for extinguishing fires.

(hereinafter, 3) The Plaintiff’s urgent disaster prevention and recovery work for the recovery of damages and prevention of the spread of damages (the Plaintiff’s urgent disaster prevention and recovery work) shall make a request for cooperation following the receipt of vehicle fire reports around 12:11 on the date of the instant accident.

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