구상금
The judgment of the first instance court is modified as follows. A.
Defendant Gyeonggi-do shall pay to the Plaintiff KRW 3,631,342 as well as to the Plaintiff on January 2019.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to B-Vehicles (hereinafter “Plaintiffs”). Defendant Gyeonggi-do is a person who manages the instant road with the authority to manage the instant road delegated by the Republic of Korea (competent Seoul Regional Land Management Office), which is the construction and management of the national highways No. 87 lines (hereinafter “instant roads”). Defendant Spocheon-si is a manager of Manle, who is the waterworks installed at the place where the following accidents occurred (hereinafter “the instant Manle”).
B. On November 21, 2018, around 07:46 minutes, the Plaintiff’s vehicle moved along the three-lane near the additional fire fighting box of the instant road on the two-lanes. After the collision with the Manle of the instant road installed on the instant road, the Plaintiff’s vehicle continuously shocked C and D vehicles parked in a parking lot with a large quantity of 30 meters away from the place of the accident (hereinafter “victimd vehicle”) beyond the road’s seat, and continuously shocked C and D vehicles parked in a parking lot with a large of 30 meters away from the place of the accident.
(hereinafter referred to as “instant accident”). C.
By February 27, 2019, the Plaintiff paid KRW 2,927,00 for the repair cost of the Plaintiff’s vehicle due to the instant accident (the self-paid 500,000 won) and KRW 10,34,140 for the repair cost of the damaged vehicle and signboard, total of KRW 13,271,140 for insurance proceeds.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, Eul evidence Nos. 1-1, 2, 2 and 3, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Defendant Gyeonggi-do and the Defendant Bocheon-si, who failed to properly manage the instant road by neglecting the road management, such as neglecting the string of the road that is protruding away from the surface of the instant road and the road that is unable to properly perform the duty to protect the Manle and the vehicles. The Defendants’ liability ratio for the instant accident shall be 70%.
Therefore, the defendants jointly paid by the plaintiff = KRW 9,289,798, which corresponds to the ratio of the defendants' liability, from among the insurance money paid by the plaintiff.