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(영문) 서울중앙지방법원 2018.05.14 2017나79853

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. B, around 17:40 on October 24, 2016, driven the instant vehicle, and died due to the shocking of a froman, which is one-lane in the Evalescent hospital attached to the Evalescent (hereinafter “instant parking lot”) operated by the Defendant located in the Geum-gu, Busan (hereinafter “instant parking lot”).

(hereinafter “instant accident”). (b)

The instant parking lot is a structure that goes through and enters the parking lot, and there is a slope to the access road of the instant parking lot.

C. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the instant vehicle, and paid KRW 75 million to G’s surviving family members on October 31, 2016.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 6, images, the purport of the whole pleadings

2. The part abutting upon India among access to the instant parking lot by the Plaintiff’s assertion is a misunderstanding structure that has a gradient of 26 degrees.

The defendant is a person who installs and operates the instant parking lot, and used in this Act under Articles 2 and 2 of the Parking Lot Act, shall be defined as follows:

1. The term "parking lot" means a facility for the parking of motor vehicles falling under any of the following items:

On-road parking lots: Parking lots installed in a specific area of the surface of a road or traffic plaza (limited to an intersection traffic plaza; hereinafter the same shall apply), which are provided for the use of the general public.

(b) Off-road parking lot: A parking lot set up in a place, other than the surface of a road or traffic plaza, for public use.

(c) An annexed parking lot: A parking lot established by a building, a golf practice range, or other facility that creates demand for parking pursuant to Article 19, which is provided for users of the relevant building or facility or for public use, and an annexed parking lot under Article 11 or 11 of the Enforcement Decree of the same Act (Standards for Structure and Equipment of Attached Parking Lots) (1) of the same Act;