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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 insurer who has concluded an automobile insurance contract for business use with respect to C1 ton of cargo vehicles as the insured by B (hereinafter “Plaintiff truck”). The Defendant is a local government that manages the road where the instant accident occurred and its facilities indicated below.
B. B, around 18:05 on March 16, 2017, driven the Plaintiff’s cargo vehicle and carried the Plaintiff’s cargo vehicle in the vicinity E of the Busan Sho-gu, and carried out the two-lanes below the above high-priced road as they pass in the same direction as that of the above high-priced road, at the front line of the front line, as they end as they end in the front line (hereinafter “the point of the instant accident”) and the said branch (hereinafter “the point of the instant accident”), and was installed with a rolling-type protective fence (hereinafter “the instant protective fence”), but was installed with a straight line as well as with the negligence of violating the duty of the front line.
C. Accordingly, the Plaintiff Cargo entered the 8-lane sloping road from the above sloping road by leaving the said sloping road to cut off the 8-lane sloping road, and immediately thereafter, the side part of the Plaintiff Cargo and Cargo Vehicles coming from the sloping road in order to the front part of the Plaintiff Cargo, and continued to stop the sloping road beyond the central line and stop the Indian boundary installed at the edge of the opposite part of the road.
(hereinafter “instant accident”). D.
The accident of this case led to the death of the driver B of the plaintiff trucking vehicle (hereinafter referred to as "the driver") and the injury of three passengers on the damaged passenger vehicle and cargo vehicle.
E. The Plaintiff paid totaling KRW 119,807,750 to the deceased’s bereaved family members and victims and the cost of repairing damaged vehicles, etc.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 3, 5, 6 evidence, and oral argument.