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(영문) 광주고등법원 2015.12.09 2013나5113

손해배상(기)

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1.The judgment of the first instance shall be modified as follows:

On May 27, 2012, the Defendant (Counterclaim Plaintiff) owned by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract for Category C motor vehicles with the insurance period from April 3, 2012 to April 3, 2013 between B and B, and the Defendant is a person who runs a fish farm for fish culture (hereinafter “fish farm for fish”).

B. B, at around 20:30 on May 27, 2012, driving the said car under the influence of alcohol, driving the road near the fish farm in the instant case, and breaking the water supply pipe supplied eight seawaters inside the fish farm in the instant case to the said car, and thereby, 3 times the water supply pipe cut down from the lower part of the shock level.

The number of sea water supplied according to the first six water supply pipes has been distributed in order to eight water tanks, and the parts of the branch have been damaged since the number of sea water was distributed to two water tanks.

The number of sea water to be supplied by the water tank is supplied in a lump sum as above, and the above water tank (the height from the floor of the water tank to the upper part of the wall of the water tank) has been discharged into the sea through drainage by water pressure, and most of the mine water in that tank has been discharged into the sea through drainage. Meanwhile, among the five remaining five water tanks, the remaining five water tanks among the five water tanks, where the water tank was supplied with sea water connected on the opposite part of the cut water pipe were installed more than one water tank.

As the supply of sea water completely ceased, the concentration of sea water in a water tank has been lowered, and the high temperature of sea water in the water tank, and a large number of luminous lights in the above water tank have been closed.

(hereinafter referred to as “instant accident”). C.

Expenses incurred in restoring water supply pipes of the fish farm of this case destroyed by the accident of this case are KRW 1.5 million.

[Ground of recognition] There is no dispute.