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(영문) 서울중앙지방법원 2016.06.02 2014가단5149724

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement on a chartered bus owned by it (hereinafter referred to as “Plaintiff”) between the Plaintiff and the Plaintiff’s large tourist leisure event, and the Defendant is a local government that maintains and manages the road of the branch office where the Plaintiff claims to be the site of the instant accident among the first line of national highways.

B. Around 08:10 on October 8, 2013, Nonparty B driven the Plaintiff’s vehicle and was in the place of accident indicated in Party A’s certificate (the date of a mutual aid accident) No. 2 around Pyeongtaek-si (the date of a mutual aid accident). As seen below, according to the records of this case, it is impossible to specify the point of the instant accident at the time of the entry. During the operation of the Plaintiff’s vehicle on the surface of Pyeongtaek-si, it was caused by an accident (hereinafter “the instant accident”) that shocks the opening and closing of the underground power cable owned by the Korea Electric Power Corporation, which was installed at the right edge of the road delivery at the point of the instant accident, while the instant accident was spread due to the spread of the opening and closing, and the Plaintiff’s driver, who was a driver of the Plaintiff’s vehicle.

C. The Plaintiff paid the amount of 20,598,000 won to the Korea Electric Power Corporation in connection with the instant accident as a mutual aid project implementer for the Plaintiff’s vehicle, including the amount of 21,578,000 won in total.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The main point of the Plaintiff’s assertion was that the instant accident occurred due to the defect in the design structure of the road at the location of the accident and the defect in the maintenance and management of the Defendant’s road, such as the distribution of the error in the design and construction of the road, and such defect was treated as a big problem through broadcasting.

The plaintiff paid mutual-aid money to the Korea Electric Power Corporation and acquired the right to indemnity against the defendant, who is a joint tortfeasor.