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(영문) 서울중앙지방법원 2015.01.15 2014나21457

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with Nonparty A regarding the B-owned vehicle (hereinafter “Plaintiff”) and the Defendant is as follows.

It is the construction manager of a road where an accident described in the port occurs.

나. A은 2013. 2. 1. 19:30경 원고 차량을 운전하여 경남 진주시 문산읍 진마대로(국도2호선) 편도2차선 도로 중 2차로를 따라 창원통영 방면에서 진주문산 방면으로 진행하다가 상문육교 지점을 지나던 중 그 노면의 움푹 파인 곳(이하 ‘이 사건 포트홀’이라 한다)에 빠지면서 원고 차량의 좌측 앞 타이어 및 휠과 뒤 타이어가 손상되었다

(hereinafter referred to as “instant accident”). C.

By February 12, 2013, the Plaintiff paid KRW 686,760 at the repair cost of the Plaintiff’s vehicle damaged by the instant accident (hereinafter “instant repair cost”). D.

According to the National Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheons Sacheon Sacheon Sacheon Sacheon Sacheon Sacheons, the accident date,

(Out: htp://astro. kire.k/Life/Sunton Capital Form.aspx MuD =112). On February 4, 2013, the Defendant performed the repair work of road surface at the location of the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 10 evidence, Eul's 4 (including the number of branches), or the purport of whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is due to the defect in the construction and management of public structures where the Defendant, who is responsible for road management, failed to repair the road that is a public structure, thereby neglecting the construction and management of the public structure causing an accident. Thus, the Defendant paid insurance money to A who is the owner of the Plaintiff, thereby acquiring the insurer’s subrogation right under Article 682 of the Commercial Act.

참조조문