손해배상(기)
Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a corporation for the purpose of information and communications business, which establishes and manages facilities, such as communications cables and communications poles, and the Defendant is an insurer who has entered into an automobile insurance contract regarding C5 tons of cargo vehicles (hereinafter “Defendant vehicle”).
B. At around 16:00 on July 4, 2018, the Defendant’s vehicle contacted telecommunications cables installed on the access road airspace between the said maintenance station and the adjacent roads in the course of completing maintenance works at the Busan Gangseo-gu Motor Vehicle Maintenance Station (hereinafter “instant accident”). As such, the telecommunications cables, communications poles, etc. were destroyed and transferred (hereinafter “instant accident”).
The Plaintiff restored to its original state the communication facilities damaged by the cost of KRW 7,818,600.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, and 7, the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the accident in this case occurred due to the unilateral negligence of the defendant's vehicle, which carried freight exceeding the loading standard of the cargo vehicle and carried communications cables in contact, and thus, the insurer of the defendant vehicle should compensate for all the plaintiff's damage caused by the accident in this case.
In this regard, the defendant alleged that there was contact between the defendant vehicle and the telecommunication cable, but the accident of this case occurred due to the plaintiff's failure to properly manage the seal load, which caused the telecommunication cable to a strong wind, and thus, there was no liability for damages.
(b) Determination 1) The main text of Article 39(1) of the Road Traffic Act provides that no driver of any motor vehicle shall take passengers or drive any motor vehicle in a timely state beyond the road traffic safety standard prescribed by Presidential Decree with respect to the number of passengers aboard, loading weight, and loading capacity.
"........"
Article 22 subparagraph 4 (c) of the Enforcement Decree of the same Act refers to safety standards for driving prescribed by Presidential Decree under the main sentence of Article 39 (1) of the Act.