구상금
1.(a)
Of the judgment of the court of first instance, the plaintiff on the defendant's plane captain of Busan Metropolitan City who ordered the payment below.
1. According to the overall purport of Gap's evidence Nos. 1 and 4 as to the cause of the claim, around November 20, 2013, BMW 740Li car (hereinafter referred to as "the instant car") driven by Gap from the concrete reclaimed land on the coast of the road 297-1 (hereinafter referred to as "the reclaimed land of this case") located on November 20, 2013 (hereinafter referred to as "the instant accident"), and the instant car was damaged to the extent of repairing cost of 25,50,000 won, and the reclaimed land of this case was created by the execution of the reclamation work without approval of the reclamation license agency under Article 36 of the Public Waters Management and Reclamation Act in the Busan metropolitan-gun, Busan-gun, Busan-gun, and the fact that the Plaintiff paid the instant automobile insurance contract (hereinafter referred to as "the instant insurance contract") between C and C, and the Plaintiff paid the instant car insurance contract to C, 2005.
According to the above facts, since the reclaimed land of this case was established by the defendant's captain of Busan Metropolitan City, the defendant Busan Metropolitan City did not bear the responsibility of managing the reclaimed land, and there is no other evidence to recognize it.
Therefore, the Plaintiff’s claim against Defendant Busan Metropolitan City on the premise that Defendant Busan Metropolitan City bears the responsibility for managing the instant reclaimed land cannot be accepted.
Meanwhile, according to each of the above evidence, the reclaimed land of this case is not equipped with a device to prevent fall on the part adjacent to the sea, and without any difference between the side and the road of this case, it is possible to enter the above road as it is without any separate entry, while no equipment to restrict the entry into the road was installed, and no equipment to guide and warn it was installed. On the contrary part of the reclaimed land of this case, the part adjacent to the road among the reclaimed land of this case is used as a parking lot.