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(영문) 서울중앙지방법원 2018.11.29 2018나31346

구상금

Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3.The application shall be filed for the return of provisional payments.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that has concluded a comprehensive automobile insurance contract with Branchising vehicles (hereinafter “Plaintiffs”).

On June 10, 2015, Defendant Red Construction Co., Ltd.: (a) performed the instant construction work replacing old water supply pipes, which were laid on the back road of this case in front of the instant housing located in Changwon-si, Changwon-si C; and (b) Defendant A is a construction site manager of Hongsung Construction Co., Ltd.

B. On June 10, 2015, before the commencement of the instant construction project, E driven the Plaintiff’s vehicle on June 10, 2015, and parked the Plaintiff’s vehicle at the same end only after the D's straw.

Since then, Defendant A, the head of the site office, excavated the above side road in about 1m, laid a water supply center, and laid down concrete, and installed “bacon” at regular intervals depending on the side of the two sides of the road where both the two works are in progress to prevent the passage of vehicles and people.

C. At around 14:16 on the same day, E tried to drive the Plaintiff’s vehicle and drive the instant side road in front of the D History, but was placed in front of the D History, and it was also stopped due to the possibility of leaving the road into drainage if it passed through a road where concrete production works have not been completed.

Accordingly, by moving 3 Rabcons installed in front of the D's door to another location, and moving 2 iron plates installed in front of the D's door in front of the D's door to the side of the D's door so that people can pass safely, the above vehicles can pass through by moving 2 iron plates installed in front of the D's door to the side of the D's door.

E. The front wheels of the Plaintiff’s vehicle passed the iron plate, but the rear wheels was missing on the road in which both sides work, and the vehicle was not proceeding in the future, and E took a series of speeds.

Ultimately, although the plaintiff's vehicle was absent from the road section on which the road is being constructed, it is not immediately stopped.