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(영문) 서울중앙지방법원 2016.11.09 2015가단199134
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (i) The Plaintiff, as an insurer, entered into an automobile comprehensive insurance contract with Nonparty Aene and B Cost Star (hereinafter “Plaintiff”) with the insurer, and the Defendant is an agency responsible for the management and maintenance of the expressway.

Around 10:30 on November 13, 2010, the Plaintiff’s vehicle driven by the Sheet C was driving through the Sheet section of the narrow side of the mid-to long side road in order to proceed to the direction of the direction of the direction of the direction of the opposite, resulting in the Plaintiff’s death, such as the Plaintiff’s death, when the vehicle passed through the narrow side of the narrow side of the mid-to long side of the road.

(hereinafter referred to as “this accident”). The Plaintiff paid total sum of KRW 193,704,270 to the victims of this accident by March 24, 2011.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including paper numbers), and the purport of whole pleadings

2. The assertion and judgment

A. According to the management guidelines for the installation and management of road safety facilities (A. 2001.7.), the Plaintiff asserts that, in principle, the protection fence is to be installed on the section deemed necessary in consideration of the line type before and after the e.g., the e., the e.g., the e., the e., the e., the e.g. the e., the e., the e., the e., the e.g. the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e., the e. the e.

B. Therefore, according to the overall purport of each of the descriptions, images, and pleadings set forth in Gap 6, Gap 7, and Eul 1 through 9 (including paper numbers), the protective fence is less than 300 meters in the installation and management guidelines for road safety facilities (including July 2001).

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