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(영문) 서울중앙지방법원 2017.03.10 2016가단5126091
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 9,290,532 as well as 5% per annum from February 25, 2016 to March 10, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who concluded a comprehensive motor vehicle insurance contract with Nonparty A with respect to the sports bus B (hereinafter “Plaintiff bus”).

B. Around 07:00 on November 13, 2014, Non-Party C driven the Plaintiff bus and driven the two-lanes of the second line road in the two-way roads located in the two-way roads in the two-way cities. On the water supply pipes, Non-Party C shocked the behind part of the E-bridge vehicle where the ice section was stopped due to water flow due to water supply pipes, and the subsequent part of the E-bridge vehicle was turned down to the front part of the Plaintiff bus. Accordingly, the passenger F on board the Plaintiff bus was inflicted with the injury on the left-hand shoulder, G passenger, H, I, J, J, and K, resulting in the injury of the said bridge, and caused damage to the said bridge.

(hereinafter “instant accident”). C.

The defendant Yangju-si is the legal management authority of the road and waterworks in which the instant accident occurred, and the defendant Korea Water Resources Corporation (hereinafter referred to as the "Defendant Corporation") is the manager entrusted by the defendant Yangju-si with the duties concerning the operation and management of waterworks facilities.

By February 24, 2016, the Plaintiff, as the insurer of the Plaintiff bus, paid medical expenses and agreed amount to the victim G, H, F, I, J, and K by February 24, 2016, and paid the repair cost of the private bridge vehicle.

[Grounds for Recognition: Evidence No. 1, Evidence No. 3-1 through 7, Evidence No. 10, each entry No. 3, Evidence No. 2-1 through 5, and the purport of the whole pleadings and arguments]

2. Occurrence of liability for damages;

A. According to the above facts, as the managing authority of the road and the waterworks of this case, the defendant Yangju-si is a manager of the water supply facilities within the jurisdiction of Yangju-si, and as such, the defendant corporation is likely to cause danger to the safe operation of vehicles due to the lack of water leakages in water supply facilities around the road. Thus, the defendant corporation shall manage and inspect the water supply facilities so that water leakages do not occur in water supply facilities.

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