구상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 1, 2016, the Plaintiff entered into an insurance contract with D Co., Ltd. with a content that guarantees the total loss of movable property ( machine parts and finished goods used in solar power plants) stored in the warehouse owned by Defendant C Co., Ltd. in Yangsan-si.
On October 5, 2016, a typhoond (CHABA) with a typhoond around 11:00 on October 5, 2016, G, a local river, and H, the water flow collapsed by about 200 meters from G bank, and the water flow was circulated.
Accordingly, in the instant warehouse managed by Defendant I Co., Ltd., there was an accident of inundationing all of the movable property that the said D Co., Ltd is responsible for the custody of the said D Co., Ltd., with a large quantity of 1.5 meters.
Under the above insurance contract, the Plaintiff paid KRW 57,508,364 to the said D Co., Ltd. with insurance proceeds from flood damage.
2. Determination as to the claim for damages against the defendant Sejong-do and Yangsan-si
A. The Plaintiff asserts that Defendant Gyeongnam-do and Yangsan-si bear the obligation to maintain and repair bank facilities installed in G and G, a local river, and that the Plaintiff is liable for damages caused by negligence in the management of the instant bank facilities, as it was caused by negligence in the management of the said bank.
Accordingly, as seen earlier, the Plaintiff is obligated to pay 40,255,854 won of the remainder of the insurance proceeds after deducting 30% of the contribution to the flood accident of this case, since the insured D Co., Ltd. acquired the claim for damages against the Defendants by paying insurance proceeds.
B. The defect in the construction or management of a public structure as stipulated in Article 5(1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state that the public structure is not equipped with safety ordinarily required in accordance with its use. The mere fact that the public structure is not completely defective and has any defect in its function.