구상금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Facts of recognition;
A. On May 7, 2014, at around 08:50, A driven a B vehicle (hereinafter “Plaintiff”) and proceeding along the two-lanes of the king-dong, Seo-gu, Incheon (hereinafter “instant road”), along the two-lanes, along the two-lanes of the king-dong, Seo-gu, Incheon, and the road passed by the seat of the road, and the front and rear wheels of the Plaintiff’s vehicle was destroyed by its shock.
(hereinafter “instant accident”). (b)
Until May 27, 2014, the Plaintiff was an insurer who has entered into an automobile comprehensive insurance policy for the Plaintiff’s vehicle, and paid KRW 457,600 as insurance money for the damage of the Plaintiff’s vehicle due to the instant accident, and the Defendant is the managing authority of the instant road.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 8, each entry or video of the evidence No. 2, and the purport of whole pleadings]
2. Determination
A. According to the above facts, the accident in this case occurred due to defects in the preservation and management of the road in this case. Thus, the defendant, who is the occupation manager of the road in this case, is liable to compensate for damages caused by the accident in this case.
B. The Defendant’s liability is limited to 50% in light of all the circumstances, including the fact that A, the driver of the Plaintiff’s vehicle, was negligent in failing to perform the duty of front-time care, and that such negligence appears to have contributed to the occurrence of the instant accident and the expansion of damage; there is no evidence to deem that there was a vehicle other than the Plaintiff’s vehicle among the following vehicles: the degree of defect in the instant road.
C. Accordingly, the Defendant’s damages for delay calculated on May 28, 2014, which was after the Plaintiff paid insurance money, at the rate of 228,800 won (457,600 won x 50%) and 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment, to the day of September 17, 2015, which is the date when the Defendant rendered a substantial judgment.