(영문) 서울중앙지방법원 2015.06.30 2013가단5117591

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(영문) 서울중앙지방법원 2015.06.30 2013가단5117591

구상금

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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 insurance company that entered into an automobile insurance contract with the insured with respect to A and B New Eth (hereinafter “instant vehicle”) from December 6, 2012 to December 6, 2013. The Defendant is a road manager at the location where the instant accident occurred.

B. On December 30, 2012, A, around 18:15, 2012, the 1st and 409 local roads in the West-gun, Seowon-gun, Seowon-gun, Seowon-do, in order to drive the instant vehicle from Seowon-do to Seowon-si, and the opposite road is over the median line while driving the vehicle, and there was an accident that shocks the utility poles installed adjacent to the opposite lane (hereinafter “instant accident”).

Due to the instant accident, A, a driver of the instant vehicle, sustained injuries such as brain salivosis, etc., and C, a passenger of the instant vehicle, suffered injuries such as brain salvine, etc., and D, a passenger of the instant vehicle, died of two frameworks.

C. Until July 2, 2013, the Plaintiff paid KRW 121,735,620 in total with respect to the injury of A under the said insurance contract, including the payment of KRW 9,598,620 in relation to the injury of C, KRW 2,457,00 in relation to the injury of C, and KRW 109,680 in relation to the death of D.

[Ground of recognition] Facts without dispute, entries in Gap 1 through 7 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The accident point of the local road No. 409 where the Plaintiff’s assertion occurred (hereinafter “accident point of this case”), the point of accident in the local road No. 409 (hereinafter “the accident point of this case”), where the utility poles are installed adjacent to the road, and the height between the road and the side road is higher than three meters, but the road of this case was not installed with a protective fence, and there was no snow prior to the accident frame.

The instant accident conflicts between the defect in the construction and management of the road at the instant location and the negligence in the operation of A.

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