구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an insurer of a vehicle A, B, C, and D (hereinafter “insured vehicles”).
B. The Defendant is a local government responsible for the management of drainage facilities and the safety of the surrounding area in the astronomical City of Ansan.
C. On July 18, 2014, around 07:30, the insured vehicles parked were flooded (hereinafter “the flood accident of this case”) at a time shorter than the new wall at the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu (hereinafter “the accident site”).
At around 05:00 on the day of the accident, a first-aid warning was issued at the 03th of the same day, and the highest amount of the 03th of the same day was 1m, and the highest amount of the 04th of the city was 2m. However, the highest amount of the 05th of the city was 48m, the highest amount of the 06th of the 06th of the city was 68m, and the highest amount of the 07th of
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 31 and the purport of the whole pleadings
2. Grounds for and determination of the claim
A. The plaintiff, the cause of the claim, despite the duty to check and manage the conditions of the drainage facilities in preparation for the long-term rain, caused the flood accident in this case by neglecting this duty and preventing neighboring construction materials from leaving the place of the accident in this case. Thus, the defendant is liable for compensating the insured vehicle for damages caused by flooding pursuant to Articles 2 and 5 of the State Compensation Act, and the plaintiff paid the insured vehicle's total amount of KRW 61,480,00 to the owner of the insured vehicle and exempted the defendant from liability pursuant to Article 682 of the Commercial Act. Therefore, the defendant is liable to pay the above amount to the plaintiff.
B. The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to a state in which the public structure is in a state of failing to have safety ordinarily prepared in accordance with its intended purpose. Thus, it can be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function.