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. The plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with B and C Benz E280 vehicles (hereinafter referred to as the "insured vehicles"), and the defendant is responsible for the installation and preservation of the structure of the D apartment in Sungnam-gu, Sungnam-si (hereinafter referred to as the "multi-family housing in this case").
On August 29, 2010, the storm wave of typhoons occurred in the Northwest Pacific, Northwest Pacific, and the last half of September 1, 2010 passed by the morning, and on September 2, 2010, the following day by September 2, 2010, when the robbery was weakened, the maximum wind in North latitude 37.5 degrees at 36m/s.
On September 2, 2010, 2010, the storm caused a storm with strong wind due to the storm wave, and due to the influence of this, the ice Art, which was installed on the apartment rooftop of the instant apartment, was flurd by the strong wind. The roof, glass, etc. of the insured vehicle parked on the ground parking lot of the instant apartment, was destroyed due to the damage to the Busan Metropolitan City Busan Metropolitan City.
(2) On September 3, 2010, the Plaintiff filed a claim for the payment of insurance money on September 3, 2010, while the instant accident occurred around 08:20 on September 3, 2010, and the Plaintiff paid KRW 11,896,000 as insurance money to B on December 10, 2010.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 4, entry of Gap evidence 2, 3, and 5, each entry of Gap evidence 2, 3, and 5, each video of Gap evidence 6 through 22, Gap evidence 23, Eul evidence 5-1 and Eul evidence 5-2, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. In light of the fact that the above recognition of the liability for damages occurred, and the apartment of this case, the rooftop roof was constructed as a construction method abutting on the ice Busan Metropolitan City on October 1995, and the apartment of this case was constructed as an apartment with the approval of the use of the apartment of this case. In light of the fact that the ice Busan Metropolitan City, which was the lowest price as the string part of the straw roof, can be exposed to outside the string, and there is no evidence to prove that the Defendant performed a roof repair work for the ice Busan Metropolitan City on the instant apartment before the accident of this case occurred.