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(영문) 서울남부지방법원 2016.04.20 2015가단215933
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A, at around 07:50 on January 5, 2015, driven a two-way national highway (hereinafter “instant road”) located in the development of Changwon-si Madang Port (hereinafter “instant road”), which is located after the intersection of movable property, at approximately 200 meters away from the intersection of movable property, on the left-hand side of the second line, a one-lane of the two string-way two string-way (hereinafter “instant vehicle”) at a speed of about 80K in the speed of speed, and then was dispatched to the front bank to check the fire-fighting vehicle while stopping on one road at a speed of about 80K.

On the wind, the instant vehicle was dissatisfed by the ice of the surface and moved to the side between two lanes and the side of the road, and received the C and the firemen, towing vehicles, etc.

(hereinafter referred to as “instant accident”. The instant accident led to the death of C at the site, the fire officer, the towing vehicle driver, etc., and the previous vehicle was destroyed.

B. The Plaintiff, as an insurer that entered into the foregoing A and the Plaintiff’s comprehensive automobile insurance contract, paid KRW 260,923,600 in total as insurance proceeds, with KRW 13,451,00 at the repair cost of the instant vehicle and the pre-accident vehicle, and KRW 7,472,600 for the remaining victims’ agreement and treatment costs.

C. The Defendant is the person who constructed and manages the instant road in which the instant accident occurred.

[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. While driving the instant vehicle by A, the instant accident was caused by shocking the vehicle with the Deceased, etc., who was on the side while without checking that spring water flowing into a road due to an isolated side near the site of the instant accident, flows out to the road, and dissipating it into the iceway, while driving the instant vehicle.

B. The defendant shall build and manage the road of this case.

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