구상금
1. The Defendant’s KRW 11,347,50 for the Plaintiff and KRW 5% per annum from November 9, 2012 to September 2, 2014, and the next day.
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Nonparty 1 Co., Ltd., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the Asch Rexroth car owned by the Nonparty Company (hereinafter “instant car”).
B. At around 13:00 on September 17, 2012, Non-party B, an employee of the non-party company, driving the instant vehicle, and driving the instant vehicle, and driving it only passed through the flowway (hereinafter “instant underground vehicle”). At around that time, the instant underground vehicle was set down in the water due to the heavy rain directly caused by typhoon and mountain, and accordingly, the instant vehicle was flooded.
(hereinafter referred to as the “instant accident”) the instant car is flooded as above.
On the other hand, at the time of the instant accident, public officials belonging to the Defendant did not directly control the instant underground lane, or did not install a sign indicating the prohibition of vehicle traffic or the risks of vehicle erosion at the front and rear of the instant underground lane.
The instant car was damaged to the extent that it could no longer be operated due to the instant accident, and on November 8, 2012, the Plaintiff paid 54,920,000 won, which is the value of the instant car, to the non-party company as an insurance money for self-owned vehicle damage, and then collected KRW 9,530,000 from the disposal price of the instant car on January 2, 2013.
[Ground for recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (Evidence No. 6; hereinafter the same shall apply), 3 (Evidence No. 7; hereinafter the same shall apply), 9 to 13, each entry of evidence No. 13, and the whole purport of the pleadings
2. The defendant's liability for damages arises.
A. The underground parking map of this case is a place where a high-water vehicle is likely to be flooded if the location and structure of the underground parking lot are well concentrated, and it is actually caused by typhoons at the time of the accident of this case.