beta
(영문) 서울중앙지방법원 2019.06.11 2018나66625

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. In fact, the Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the D motor vehicle owned by G (hereinafter “Plaintiff-owned vehicle”).

C On November 27, 2015, around 18:25, while driving the Plaintiff’s vehicle and driving the local highway No. 372 located in Gyeonggi-do, Gyeonggi-do (hereinafter “instant road”) in the direction of white village from Daejeon to the direction of white village, the driver was injured by the Plaintiff’s vehicle and the damaged vehicle, and the driver was injured by each vehicle. < Amended by Presidential Decree No. 20420, Nov. 27, 2015; Presidential Decree No. 20420, Nov. 2, 2014>

The weather conditions at the time of the accident are as follows.

On November 25, 2015, 2015.11. 26, 2015.11. 27.26, 2015.1, the Plaintiff paid 14,892,680,000 won in total to E by November 12, 2017, 2015, the average of 0.6°2° the average of 11m of daily rainfall 11m, the average of 0.6°3° the maximum of 0.5m, the maximum of 0.5m, the average of 0.5m, the daily rainfall -4.6m, the highest of -0.3° the minimum of -8m, the daily rainfall -8m, with respect to the instant accident, by July 12, 2017.

[Ground of Recognition] Facts without a partial dispute, Gap evidence 1 through 5, 11 through 15, Eul evidence 1 and 4 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The construction and management of the road of this case and the manle are the defendant, and the accident of this case occurred due to the defects in the construction and management of the road of this case or the manle, which are public structures or structures, such as the sloping or hot water from the above manle.

The actual substance of this case is that it is established for the treatment of rainwater or sewage, and ① on the day of the accident.