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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A (hereinafter “the Plaintiff”) with respect to sports vehicles B in C owned by C (hereinafter “Plaintiff”) as an insured person, and the Defendant is the installation manager of a local highway No. 364.
B. On October 17, 2012, at around 22:35, 2012, the scraper paid the occurrence of an accident and the payment of insurance proceeds. On October 22:35, 2012, the scraper used the Plaintiff’s vehicle to drive the Plaintiff’s vehicle and, at the same time, was the 1st degree of enzyn
(3) The Defendant Bridge’s bank fence (hereinafter “this case’s bank fence”) is the protective fence of the Defendant Bridge’s bridge (hereinafter “this case’s bank fence”) while driving the section on the side of the filial village reservoir and leaving the roadway to the right and leaving the roadway to the right.
) Upon receiving the Plaintiff’s front right side of the vehicle, the Plaintiff’s vehicle was crashed to the lower right part, and thus, the Defendant died at around 23:48 on the same day, and the Plaintiff’s vehicle was entirely damaged (hereinafter “instant accident”).
(2) As to the instant accident, the Plaintiff paid KRW 197,98,640 in total by January 25, 2013 as agreed money following the death of a deceased person. On February 8, 2013, the Plaintiff paid KRW 22,842,00 in total with the total amount of KRW 220,830,640 (hereinafter “the instant insurance proceeds”). The amount of the instant insurance proceeds is within the scope of damages suffered by the deceased and the owner of the Plaintiff (hereinafter “the deceased, etc.”) due to the instant accident.
C. The basic situation surrounding the instant accident 1) Before entering the Defendant bridge, the road is opened to the left-hand side from before passing through the Defendant bridge. 2) The Defendant bridge was completed in 1980, and its length is about 11.2m, and its width is about 4.9m.
3) Although street lamps are installed at approximately five meters before entering the Defendant bridge, no street lamps are installed inside the Defendant bridge. 4) entry into the Defendant bridge.