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(영문) 서울중앙지방법원 2016.06.03 2016나4517

구상금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle B (hereinafter referred to as the “Plaintiff’s vehicle”). The Defendant is an organization that is responsible for the installation, preservation, and management of the structure within the complex of the Nam-si A apartment (hereinafter referred to as the “instant apartment”).

B. On April 25, 2013, the Plaintiff’s driver parked the Plaintiff’s vehicle in the front parking lot of 106 apartment units, and around April 25, 2013, the Plaintiff’s driver: (a) the instant apartment site 106 Hand stalth of the instant apartment site was destroyed by the Plaintiff’s vehicle while the 106 stalth

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

On November 26, 2013, the Plaintiff paid KRW 17,441,00 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Eul evidence 6, the purport of the whole pleadings

2. Determination

A. 1) The burden of proving the existence of defects in the installation or preservation of a structure under Article 758(1) of the Civil Act is borne by the injured party. However, as long as it is recognized that there are defects, the existence of other natural facts in the occurrence of the damage is concurrent, unless it is proved by force majeure of a natural disaster, and it was inevitable even if there was no such other defect, it shall be interpreted that the damage was caused by the defect in the installation or preservation of a structure. In this case, the possessor and the owner of the structure shall not be exempted from the liability for damages, regardless of the negligence (see, e.g., Supreme Court Decision 2004Da66476, Apr. 29, 2005). In light of the above legal principles, the following circumstances can be comprehensively taken into account: (i) the facts recognized as above, and the overall purport of arguments as stated in the evidence No. 7 and No. 8 of the accident at the time of the accident.