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(영문) 제주지방법원 2019.05.07 2017가단57259
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 that entered into a comprehensive automobile insurance contract (from August 6, 2013 to August 6, 2014) with respect to B rocketing car (hereinafter “instant vehicle”).

B. On January 21, 2014, the owner of the instant vehicle: (a) driven the instant vehicle on the new wall and continuously shocked the instant vehicle to the right-hand side of the road at the speed of 60 km away from the west-do road (hereinafter “instant road”) at the speed of 50 km away from the west-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, the owner of the instant vehicle caused the instant accident (hereinafter “instant accident”).

A driver died due to the instant accident, and the victim D, who gets on board the Chief D, suffered serious injuries, such as the sofabs of the left-hand fabs, and the cage fabs of the closed fabs.

C. The Defendant is the managing agency of the instant road, and the Plaintiff, as the insurer of the instant vehicle from April 4, 2014 to June 29, 2017, paid KRW 285,317,000 to the victim D with medical expenses, medical expenses, agreement fees, etc., and KRW 4,560,000 to the deceased E’s heir on February 11, 2014.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 5 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. On the end of the road, the road where the instant accident occurred, the main point of the Plaintiff’s assertion by the parties, has a retaining wall at a height of about 2.5m to 4.0m, which is the upper end of the road, and the road management authority is the section where the form of the road rapidly changes from the upper end of the road. As such, the Defendant, who is the road management authority, installs a protective fence on the side of the road.

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