구상금
1. The defendant shall pay to the plaintiff KRW 1,22,832,627 and KRW 200 million from September 14, 2016 to KRW 400 million. < Amended by Presidential Decree No. 27517, Nov. 22, 2016>
1. Basic facts
A. The Plaintiff’s status intervenor is a company engaged in textile manufacturing business at a factory located in Scheon City F. The Plaintiff is an insurer who entered into a property comprehensive insurance contract (hereinafter “instant insurance contract”) with the Plaintiff’s Intervenor, covering the above factory buildings, machinery, inventory assets, and collection fixtures (hereinafter “instant factory”).
The Defendant is a local government, which is the managing authority of H located in Spocheon-si, and the I Bridge (hereinafter “instant construction”) from August 201 to March 2015.
B. On July 5, 2016, the occurrence of flood accidents and the payment of insurance proceeds were made to G G-Myeon, G-si, G-si, G-si, the daily rainfall of 210.0 meters. On this day, from 08:30 to 09:30 on this day, the instant factory was flooded (hereinafter “instant accident”).
According to the instant insurance contract, the Plaintiff paid the insurance proceeds of KRW 20 million on September 13, 2016, KRW 400 million on November 21, 2016, KRW 622,832,627 on December 27, 2016, and KRW 1,222,832,832,832,62, and KRW 627 on December 27, 2016.
C. As to the flood accident of this case, the Plaintiff’s Intervenor and the Defendant filed a lawsuit claiming damages against the Defendant under the jurisdiction of the District Court No. 2017Gahap5354, asserting that the instant accident occurred as a defect in the management of the Defendant’s river, and that it exceeded H’s wind due to the defect in the management of the Defendant’s river (hereinafter “pre-trial case”).
(2) The Plaintiff’s Intervenor participated in each preceding case as the Intervenor joining the Defendant, and Nonparty J, Co., Ltd., Ltd., in relation to the claim amounting to KRW 450 million out of the claims that the Intervenor joining the Defendant in the preceding case received from the Defendant, the claim attachment and assignment order (2017TTT 61943) regarding the claim amounting to KRW 450 million among the claims that the Intervenor joining the Defendant in the preceding case.