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(영문) 인천지방법원 2014.11.04 2013가합36084
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. At around 21:50 on June 18, 2013, A, while driving a BYFrocketing or passenger car (hereinafter “instant accident vehicle”) under the influence of alcohol with a 0.190% alcohol concentration, and driving a eight-lane back to and from the 313-4 Won, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, the eight-lanes of the eight-lanes of the instant vehicle, which was installed on the instant road, was shocked at the right angle of the flow distance. As a result, A and Dong passenger C died.

(hereinafter “instant accident”). (b)

As an insurer who entered into an individual motor vehicle comprehensive insurance contract with respect to the instant motor vehicle, the Plaintiff paid KRW 373,335,480 to C’s inheritors from July 11, 2013 to November 5, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. The parties' assertion

A. The point where the Plaintiff’s instant accident occurred is an area with a high risk of accident as the point where the construction of a ddrick-type protective fence begins at the center of the road along the straight line section. The Defendant, as the installer and manager of the above road and its appurtenances, was obligated to install an appropriate shocking facility with a verification of performance in the part of the protective fence, and to install safety facilities, such as the starting salary, drack-type container, central sign-line disease, etc. in the vicinity thereof, but did not take such measures. The damage caused by the instant accident was expanded due to the defect in the structure.

Therefore, the Defendant is liable to compensate C for the damages pursuant to Article 5(1) of the State Compensation Act. Since the Plaintiff has fully compensated for the damages, the Defendant shall pay the Plaintiff KRW 186,667,740, which corresponds to the Defendant’s ratio of fault corresponding to the Defendant’s ratio of contribution to the instant accident, out of KRW 373,335,480, paid by the Plaintiff to his heir.

B. The defendant's supplementary intervenor (hereinafter "the intervenor") raises objection to the defendant's supplementary intervenor.

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