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(영문) 광주지방법원 2018.05.02 2017나57096
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with B, the owner of a vehicle A (hereinafter “Plaintiff”).

B. B around 17:30 on May 15, 2015, around 17:30, parked in the parking lot of the passenger golf club operated by the Defendant (hereinafter “instant golf driving range”). However, the golf machine run in the nearby area destroyed the front glass of the Plaintiff’s vehicle.

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

On June 1, 2016, the Plaintiff paid insurance amount of KRW 1,300,000 to the central automobile glass that accepted the front glass of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 4 video, the purport of the whole pleadings

2. Determination

A. In addition to the above facts and circumstances, it is reasonable to view that the instant accident occurred by the golf practice range, considering the overall purport of the pleadings in the images of Gap evidence Nos. 5 through 7, and No. 9 through 11, the following facts and circumstances are considered to have been comprehensively considered. ① The golf practice range destroyed the front glass of the Plaintiff vehicle was located in the direction of the instant golf practice range. ② The above golf practice range is located on the rooftop of the instant golf practice range, and there is a rail installed to prevent human fall, and no safety facilities such as the network are installed. Therefore, it seems that the golf practice range in this case may damage vehicles located in the parking lot outside of the instant golf practice range. ③ On the basis of the parking lot on which the Plaintiff vehicle was parked, the instant golf practice range in the front, the eight lanes in the rear, the left side, and the building site in which the Plaintiff vehicle was operated by the Defendant, and there seems to be no possibility to be any other golf practice range than the instant golf practice range.

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