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(영문) 서울중앙지방법원 2015.11.06 2015나21010
구상금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On November 27, 2012, the Plaintiff entered into an insurance contract with Nonparty C, who operates a mechanical-based parking lot in the Btel in Busan-gu, Busan-gu, with respect to the insurance period of two vertical circulation interim passenger parking meters (hereinafter “instant parking machine”), with the insurer who compensated for KRW 100 million per accident.

B. From March 15, 2013 to March 15, 2015, Defendant A concluded a contract for maintenance and repair with respect to the instant parking machine once a month for two years from March 15, 2013 to March 15, 2015, to maintain the state of full-time operation of the instant parking machine, Defendant A agreed not to be liable for any accident that occurred due to the owner C’s management and use negligence, and “a contract is concluded on the condition that the instant parking machine manager will be pre-managed at the time of the occurrence of a chain accident.”

C. On September 17, 2013, around 12:30 on September 17, 2013, an accident occurred in which the said vehicle and other vehicles (E and EF) were severely damaged while the vehicle parked in the instant parking machine (DM5) was traveling.

(hereinafter “instant accident”). D.

The Plaintiff paid KRW 18,571,000 in total to the insured C, the owner of the vehicle, and the repair company at the cost of repairing the said vehicles destroyed by the instant accident.

E. Meanwhile, Defendant Samsung Fire and Marine Insurance Co., Ltd and the Korea Federation of Small and Medium Business are insurers who have concluded a contract for product liability insurance to guarantee the liability for maintenance and repair business of Defendant A.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident of this case occurred due to his negligence in conducting regular inspections and repair for the maintenance and repair of the parking machine of this case. Thus, the defendants who are the defendant A and their insurers are jointly and severally liable for damages due to the accident of this case 18,571.

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