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(영문) 부산지방법원 2017.11.23 2017나46196

구상금

Text

1. Of the judgment of the court of first instance, KRW 6,905,00 against the Plaintiff and its related thereto, from October 15, 2016 to November 23, 2017.

Reasons

Basic Facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the insured Party A and B (hereinafter “Plaintiff”) including a special agreement to compensate for his own car damages, and the Defendant is a company operating a hotel with the above 501, 502, 6, and 7th floor owners of the 81 Olympic Winter-gu, Changwon-si, Changwon-si, who are the owners of the 81 Olympic Winter-ro (hereinafter “instant building”).

B. The instant building consists of two underground floors and seven above ground floors, and underground floors and four above ground floors are used as stores, restaurants, offices, etc.

A public parking lot for building users is located outside the building.

C. On May 4, 2016, A parked the Plaintiff’s vehicle in the above public parking lot, which was located in the third floor of the instant building, and on the same day, there was an accident that the Defendant destroyed the glass window on the seventh floor of the instant building in which the Plaintiff was running a hotel business and damaged the Plaintiff’s vehicle in the lower glass so far as it was destroyed (hereinafter “instant accident”).

By October 14, 2016, the Plaintiff paid KRW 13,810,000 in total to A, etc. for the repair cost of Plaintiff’s vehicle due to the instant accident.

【In the absence of any dispute, the Plaintiff’s allegation to the purport of the parties concerned as to the respective entries and images of Gap’s Nos. 1 through 5, 10, and Eul’s Nos. 1, 2, and 5 (including a serial number; hereinafter the same shall apply) and the purport of the entire pleadings. The Plaintiff’s instant accident was caused by the Defendant’s loss of the window windows on the seventh-story hotel operated by the Defendant, and thus, the Defendant is liable to compensate for damages caused by the defect in the installation or preservation of a structure under Article 750 of the Civil Act or Article 758

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid KRW 13,810,000 to the Plaintiff’s owner of the Plaintiff’s vehicle due to the instant accident, and thus, the amount is claimed to the Defendant

The accident of this case by the defendant is a hotel glass on the object frighting to the strong wind.