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(영문) 서울남부지방법원 2020.12.23 2019가단261378

구상금

Text

1. Defendant Leecheon-si shall pay to the Plaintiff KRW 42,00,000 as well as 5% per annum from July 17, 2019 to November 5, 2019.

Reasons

1. Basic facts

A. On June 11, 2017, the Plaintiff concluded a cargo liability insurance contract with the owner of the instant vehicle, driver, and insurance period from June 11, 2017 to June 11, 2018 with respect to D-large special vehicles (hereinafter “instant vehicles”).

B. Around 14:00 on December 19, 2017, Nonparty E driven the instant vehicle with two vehicles owned by Nonparty E and the City/Do 4 vessels, which are located on the instant vehicle. On the other hand, there was an accident where the lower structure of a miscarriage 2 (hereinafter “instant bridge”) located on a miscarriage Myeong-ri-si, Leecheon-si and the said loaded goods conflict (hereinafter “instant accident”).

C. On the lower part of the instant bridge, the line of the City/Do heading 4 managed by the Defendant Leecheon-si passed, and on the upper part of the instant bridge, the Young-dong Highway managed by the Defendant Korea Highway Corporation shall pass through it.

At the time of the instant accident, safety signs indicating 5.0 meters high level of the instant bridge (hereinafter “instant sign”) were installed on the instant bridge. In fact, there was a part on which structures were installed at 4.781 meters high from the ground.

The height of loaded goods of the instant vehicle was 4.8m. D.

On July 16, 2019, the Plaintiff paid the insurance proceeds of KRW 42,00,000 to F Co., Ltd., the owner of the Plaintiff, instead of paying the insurance proceeds to the insured.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 4, 6, 8, 9, 10, Eul’s evidence or video, and the purport of the whole pleadings

2. Determination

A. The Plaintiff 1’s assertion that the instant accident occurred due to the mistake that Defendant Leecheon-si, the managing body of the City/Do No. 4, or Defendant Korea Highway Corporation, which is the managing body of the Dong-dong Highway, indicated a higher level of safety mark than the actual safety mark, one of the Defendants is liable to compensate the instant insured for damages due to the above bridge management defect.

The plaintiff, as a result of subrogation by the insurer, shall pay the full amount of the insurance money paid to the defendant Leecheon-si.