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(영문) 서울중앙지방법원 2015.10.15 2014가단5199798

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is an insurer who has concluded an automobile insurance contract, including self-vehicle damage security, with respect to each vehicle indicated in the “vehicle number” column of the attached Table of the “Gangnam-gu Flood Accident” list.

B. From July 26, 201 to July 28, 2011, each of the above vehicles in Seoul Gangnam-gu operated the above road or parked on the parking lot with a sudden rain at the “accident site” of the said Table, which was located in Gangnam-gu Seoul Metropolitan Government, and the said vehicle was flooded on the wind that the road or the building parking lot near the accident site is divingd on the water.

(hereinafter referred to as “each flood accident of this case”;

C. The Plaintiff paid each amount indicated in the “insurance money” column of the said Table as the insurance money to each insured worker indicated in the “insured” column of each flood accident of this case (total 261,576,380).

However, the defendant is negligent in failing to properly manage the drainage facilities of each of the above roads as a person in charge of the management of each of the above roads in the vicinity of the accident scene, and in failing to fully take measures for traffic control or caution due to sudden flooding

E. Therefore, the Defendant is liable for compensating the above insured for damages due to each of the accidents in this case, and the Plaintiff, who paid the above insurance money, is liable for paying 104,630,552 won after deducting 60% of the contributory portion of the natural power out of the insurance money paid by the Plaintiff pursuant to subrogation provisions of Article 682 of the Commercial Act, and the delay

2. The defect in the construction or management of a public structure refers to a state in which the public structure has failed to have an ordinary safety required in accordance with its intended purpose. The defect in the construction or management of the public structure can not be said to have a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has a defect in its function. The purpose of the public structure and the present state in which the public structure is installed.

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