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(영문) 수원지방법원 2020.01.08 2019가단536579
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 has entered into an automobile insurance contract with F with respect to the G vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the following:

It is the person responsible for the maintenance and management of the road at the time of the traffic accident.

B. On August 18, 2015, F driven the Plaintiff’s 15:29 on August 18, 2015, and proceeded with the first line of the fourth line in front of the I Hospital in Suwon-si H, with the first line located at the Ch from the Ch of Seoul, while leaving the said line at the vicinity of the entrance of “J Underground Motor Vehicle”, and going into a collision with the central separation line on the left side of the road-based green zone (see attached Form 1(1) photograph), and the underground vehicle connected to the kh was connected with the upper line at the entrance of the Central Separation Zone (see attached Form 1(2) photograph).

(hereinafter referred to as “instant accident. The entire progress of the instant accident refers to the attachment No. 2 accident site). Accordingly, the Plaintiff’s vehicle was damaged by K with F, and the Plaintiff’s vehicle was damaged.

(hereinafter “instant accident”).

C. Insurance money paid by the Plaintiff to F and K in relation to the instant accident is KRW 273,389,280.

(1) Of the regulations on the structure and facility standards of roads, the relevant provisions of this case are as listed in attached Table 3 among the guidelines for installation and management of road safety facilities established by the Ministry of Land, Infrastructure and Transport pursuant to the Road Act and the regulations on the structure and facility standards of roads (hereinafter referred to as “road management guidelines”).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6, 8, Eul's 1, the purport of the whole statement, video, or pleading

2. The Defendant, which caused the Plaintiff’s claim, extended risks to facility repair works with frequent facilities at the location of the instant accident, and installed a green belt with a dangerous form of green belt.

In addition, protection fences and shock absorption facilities under the Road Management Guidelines were not installed.

These defects in the construction and management of the road have caused the occurrence and expansion of the damages caused by the accident of this case.

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