구상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From July 26, 201 to July 29, 2011, in Seoul and Gyeonggi-do neighboring areas, a large amount of rained 40% or more of the annual rainfalls. The rainfalls of Seocho-gu and Gwanak-gu in Seoul and Gwanak-gu around Myeonsan from July 26, 201 to July 8:59, 201 were 325 meters of the Seocho-gu’s Seocho Observation Station’s base for the day from July 26, 201 to July 27, 201, 387 meters of the South port observation station’s base for the Seocho Observation Station, from July 27, 201 to 8:40 meters of the South port observation station’s base for one-hour period from July 27, 2011 to 8:40 meters.
B. On July 27, 201, from around 07:40 to 08:40, a landslide occurred in a total of 690,000 square meters of the 13 districts in Magsan, and a variety of roads located in Seocho-gu have been opened in water. As a result, the vehicles located in Seocho-gu sold or flooded to earth and sand (hereinafter “pathing accident,” and collectively “the instant accident”).
C. The Plaintiff paid the victims of the instant accident totaling KRW 467,389,830 according to the automobile insurance contract.
[Ground of recognition] Facts without dispute, Gap 2 through 76 evidence, Eul 1 evidence (including additional evidence number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The judgment of this Court
A. In addition to the Plaintiff’s assertion, as seen above, many expenses concentrated on a short period, the artificial facilities, such as the military unit responsible for the management of the Defendant Republic of Korea, the blasting of Seocho-gu tunnels, the ecological park and mountain trails, etc. responsible for the management of the Defendant Seocho-gu, caused landslide damage. The negligence of the Defendant Seocho-gu, which neglected the management of the drainage facilities and did not take prompt traffic control and evacuation measures, led to the occurrence of the instant accident or the expansion of damage.
Therefore, the Defendants jointly and severally paid to the Plaintiff the amount equivalent to 40% of the insurance money of 379,531,830 won paid by the Plaintiff in relation to the burial accident.