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(영문) 서울남부지방법원 2015.06.11 2014가단200941
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 entered into a comprehensive motor vehicle insurance contract with A (A; hereinafter referred to as “the deceased”) for the insurance period from May 29, 2012 to May 29, 2013 with respect to B-Vehicles (hereinafter referred to as “instant vehicle”). The Defendant is the managing authority of the national map 56 lines completed around 1970 (hereinafter referred to as “instant road”).

B. On July 26, 2012, at around 05:00, the Deceased died due to collision with C Freight Vehicles, where the central line was pushed over, while driving the instant vehicle into a gold village from the luminous mine to the erode of the 56-line hub of the national map 56-line (hereinafter “the instant accident section”) near the Taenam Elementary School (hereinafter “the instant accident section”) by driving the instant vehicle on a one-lane basis.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid KRW 50,798,430 to the Deceased with the insurance proceeds from the instant accident, and paid KRW 19,970,000 at the repair cost of the C Freight.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 1, and the purport of whole pleadings

2. The allegations and judgment of the parties

A. According to the Rules on the Standards for Structures and Facilities of Roads of which the gist of the Plaintiff’s assertion is as follows: (a) while the valley radius should not be less than 130 to 140 meters on the roads with a speed of 60km/h or less, the instant accident section is merely about 83.3m in the valley radius; and (b) the maximum slope is only about 3.5% in the 6 to 8%, which is the standard.

In addition, since the accident risk exists in the accident section, the driver's smooth guidance is installed at intervals of 15 meters, and a bend road sign, which is a warning sign of road shape, shall be installed on the right side of the road within 60 to 100 meters and provide information on the accident risk in advance, but the defendant did not install it properly.

Due to such defects in the construction and management of the road of this case, the Deceased did not properly turn back the accident section of this case, which is an acute kacker section.

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