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(영문) 서울남부지방법원 2015.12.24 2015나55026

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.


1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A and B.

B. On July 15, 2014, the foregoing vehicle was parked in the free on-road parking lot (hereinafter “instant on-road parking lot”) adjacent to the urban and rural village of the Do-dong, Seoyang-si, Seoul Special Metropolitan City (hereinafter “instant road”), and there was an accident that is flooded (hereinafter “instant on-road parking lot”), and on August 29, 2014, the Plaintiff paid KRW 6,300,400 of the insurance money to the vehicle repair cost for the foregoing flood accident.

C. In order to cope with water shortage and flood damage on the underground of the above underground parking map, the Defendant installs and manages a storage tank that enables rainwater to be collected from the flood and used for water for living, cleaning water, etc.

[Ground for Recognition: Facts without dispute, entries or images of evidence A or the purport of whole pleadings]

2. Determination

A. The Plaintiff’s assertion is an underground tea, which is a storage tank installed under the ground, and thus is likely to be concentrated inundation, and thus, it is inappropriate for the Defendant to install an on-road parking lot. However, the Defendant installed on the instant road. Although the Defendant neglected to install drainage facilities to prevent the flooding of the instant road and caused the instant accident, the Defendant is liable to compensate for damages caused by the instant accident. However, the Plaintiff, who is the insurer of the said vehicle, exempted the Defendant from liability by paying the insurance money of KRW 6,300,40. Thus, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 6,300,40.

B. The defect in the construction or management of a public structure under Article 5(1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state in which the public structure is ordinarily in accordance with its intended purpose, provided that the public structure is not completely in a state and is in its function.