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(영문) 서울중앙지방법원 2016.05.26 2015나32300
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Plaintiff on the B-owned vehicle (hereinafter “instant vehicle”) and the Defendant B-Supported School Co., Ltd. (hereinafter “Defendant B-Supported School”) is a project implementer who was granted the right to manage and operate the B-Supported School on October 29, 2010 under the Act on Public-Private Partnerships in Infrastructure, and Defendant Busan Metropolitan City has the authority to approve the maintenance, repair and management plan, etc. of Defendant B-Supported School.

B. On June 24, 2012, A driven the instant vehicle on June 16:22, 2012, and was driving the instant vehicle in Busan Gangseo-gu, Gangseo-gu, Busan, with three-lanes of the Dogdo Dogdo Dogdo Dog-dong, and died at the site of the shock, after receiving an emergency parking rail Dog Dog-do Dog Dog-dong Dog-dong

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

On June 29, 2012, the Plaintiff paid KRW 93,110,00 as medical expenses, and KRW 50,000 as insurance premium to A’s children C, and acquired the damage claim from C on April 24, 2015.

[Ground of recognition] Facts without dispute, Gap's statements or images, Gap's statements, 1 through 7, 13 through 19, 25, 26, Eul's statements or images, and the purport of the whole pleadings

2. The defendant Busan Metropolitan City asserts that the lawsuit against the defendant Busan Metropolitan City is unlawful, since the defendant Eul-do becomes responsible for the management of the defendant Eul-do pursuant to the Act on Public-Private Partnerships in Infrastructure.

On the other hand, in the lawsuit of performance, standing to sue exists in the person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and the person who is alleged as the performance obligor has the standing to be the defendant, and whether he/she actually has the right to demand performance or whether he/she is the performance obligor

(see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). Accordingly, Defendant Busan Busan Metropolitan City.

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