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(영문) 서울남부지방법원 2020.05.28 2019나54786

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is the company that manages the common areas of D Apartment at Nam-si, Namyang-si (hereinafter “instant apartment”).

B. On January 24, 2018, the Plaintiff’s vehicle was parked in a parking zone between 50 and 51 columns E, the instant apartment parking lot (hereinafter “instant parking lot”) around 24, 2018, and the seal was damaged by a stone collection line away from the lower parking site.

(hereinafter “instant accident”). At the time, no safety belt or signboard was installed in the said parking zone.

C. The Plaintiff paid insurance proceeds of KRW 1,750,000 in total ( KRW 650,000 on February 20, 2018, KRW 910,000 on March 5, 2018, KRW 190 on March 6, 2018, and KRW 190,000 on March 6, 2018).

(1) On the other hand, the instant apartment was completed around August 2009, and the present parking lot began from around 2013 to the point of view that the instant apartment lot fell into the number of water leakages.

Although F has carried out waterproof Construction Project several times by the time of 2015, the apartment construction company F has continued to be a water leakage phenomenon up to now.

(2) At the place of the instant apartment, the Defendant posted a notice to the effect that “in the event of damage caused by the outflow of stone in a vehicle due to the leakage of underground parking lots, the Defendant would not drive the vehicle, and will dispose of the stone recovery removal system at the time to the living support center.” In the event that an area where asbestos falls off, the Defendant posted a notice to the effect that “in the event of the discovery of the area where asbestos falls, the safety belt or sign against parking shall be installed, and that “in the event that the instant apartment lot can fall short of the prefabricated structure and the instant apartment lot can fall short of the prefabricated structure, it will be checked once after parking.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 3 through 10, 14 and 15, each of the statements and images.