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(영문) 창원지방법원진주지원 2020.07.16 2019가단36505
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who concluded an insurance contract with Nonparty F and G car (hereinafter “instant vehicle”) setting the insurance period from January 26, 2018 to January 26, 2019.

B. The Defendant is a local government that manages a fishing village-owned fishery port, which is a fishing village-owned fishery harbor on the fishing village and fishery harbor. Gaina is located in the windowpan-Ri of the west-do, South-west-do, in the area of a fishery harbor where the passenger-owned fishery harbor is located in the windowpan-Ri, and the passenger-owned fishery harbor is located in the area where the passenger-owned side

(See Attached Form 3).

The right-hand side of a person's paragraph is a passenger-line landing place of 37 meters in length and of 5 meters in length, which has been used as a place for the mooring of a roadway in the past.

(after the construction of a bridge between Chang-gu Tridges, the use of the vessel is suspended) The sea side area of the landing place is about 5 to 10 degrees, and there is no facility to prevent the fall of the vehicle.

The F, from October 2, 2018, from around 22:00 to around 22:0, F had been engaged in fishing at the right edge of the Ghana.

F around 23:00 on the same day, the instant vehicle was stopped on the right edge of the A-Wing line, and was on board the instant vehicle. At around 23:01 on the same day, the instant vehicle was crashed on the sea by turning it into a slope leading to the right edge of the A-Wing line (hereinafter “the instant vehicle crash accident”), and F did not have been salvaged after the instant accident.

On the other hand, H tried to prevent the fall of the instant vehicle and sustained an injury by falling on the sea.

E. On the cement floor connected to the right edge of a provisional port on a nearby road, a notice stating “the Southern Sea Zone where vehicle entry is prohibited” is marked.

F. On November 30, 2018, the Plaintiff paid KRW 100 million to the heir of F. H as agreed money and medical expenses from October 26, 2018 to December 4, 2018.

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