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(영문) 서울중앙지방법원 2019.06.19 2018나72606

구상금

Text

1. Revocation of the first instance judgment.

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 has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a person who operates the E-riding course in D and manages the horses under his/her jurisdiction.

B. Around 10:00 on January 9, 2018, when an employee of the horse riding track has cleaned the horse (ma section), one horse (hereinafter “the horse of this case”) entered the horse from the said horse to B and F (hereinafter “the road of this case”), and the vehicle proceeded 2 km depending on the said road on which the vehicle is driving.

C. The Plaintiff’s vehicle was driving along the lane of the opposite direction separated from that of the instant horse on the instant road, and that of the opposite direction separated from the center. The other vehicles in the front section of the Plaintiff’s vehicle, which had been driven along the same lane as the Plaintiff’s vehicle, around the start of the horse in the front section of the instant vehicle, are driven slowly.

We stopped.

However, the Plaintiff’s vehicle did not stop and saw the front G vehicle (hereinafter “victim”) (hereinafter “instant accident”). D.

The Plaintiff paid KRW 2,239,990 as insurance money to the owner of the damaged vehicle for the repair cost incurred by the instant accident.

【Ground of recognition】 The fact that there is no dispute, entry of Gap’s evidence 1, 2, 5, and 7, the video of Gap’s evidence 6, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant has a duty of care to manage and supervise the horse of this case so that it does not deviate from the horse of this case or the horse of this case as a person who keeps animals in lieu of the possessor or possessor of the horse of this case.

However, at the wind of the defendant to neglect his duties, the horse of this case escaped from the E-riding Chapter, and returned to the road of this case, and accordingly, the plaintiff's vehicle concealed the damaged vehicle, thereby causing damage to the plaintiff's insured who is liable for damage to the damaged vehicle.

Therefore, the defendant is in accordance with Article 759 of the Civil Code to the plaintiff insured.

참조조문