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1. The Defendant shall pay to the Plaintiff KRW 31,977,00 and KRW 5% per annum from October 24, 2012 to January 15, 2015, and complete payment from the next day.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A (hereinafter “accidentd vehicle”) with respect to the vehicle B, and the Defendant is the management agency of the road in front of the Cheongdong-si, Cheongdong-ri Industrial Complex (hereinafter “instant road”) in the event of the occurrence of the following accidents:
B. On April 8, 2013, A, along with C on April 2013, driven an accident vehicle in order to drink alcohol again due to lack of alcohol, and turned the instant road from Erente to Erente City gate on the road at around 22:56 on the same day, at around 22:56, at around the same day, the steel fence installed on the side of the road was entirely taken on the left-hand side of the accident vehicle, where the steel fence was cut to the left-hand side of the accident vehicle and the steel fence installed on the road was cut to approximately 8 meters on the road.
(hereinafter “instant accident”). C.
The accident in this case occurred, C died, and A driver suffered serious injury.
As an insurer of an accident vehicle, the Plaintiff paid C’s heir KRW 295,00,000 on October 23, 2012, and paid KRW 24,770,000 on the repair cost of the accident vehicle.
E. The management guidelines for the installation and management of road safety facilities provide for protection fences and starting-line guidance facilities as follows:
- Taking into account the fact that the main function of the protective fence is to prevent the leaving of the vehicle through the shock absorption and direction correction of vehicle collision and to ensure the safety of passengers on board and return the conflicting vehicle to normal course;
It is good to use a protective fence.
On the other hand, it is better to use a diversative fence in a road section where the function of preventing escape from the way is especially important in the central separation zone or high level road, etc. and the protective fence should not be modified.
The rating of a protective fence shall be classified based on the strength of the facility.
In the event of a bridge section and a fall or escape from a lane, serious.