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(영문) 서울중앙지방법원 2019.09.18 2019나5252
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a liability insurance contract with respect to D Building Parking Lots (hereinafter “instant parking lot”).

B. On July 2, 2018, around 08:03, the Plaintiff’s vehicle was going on the fourth floor of the instant parking lot to the fifth floor, an outdoor parking lot, and was going to the road traffic route at the time. At the time, the vehicle traffic route was mil into rainwater. At the time, the Plaintiff’s vehicle was in the middle of the vehicle traffic route, and the Plaintiff’s vehicle was cut to the left side by the front side of the Plaintiff’s front side of the vehicle.

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

On July 24, 2018, the Plaintiff paid KRW 1,818,850 to the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion occurred due to the defect and neglect of management of the instant parking lot. As such, the Defendant, who is the liability insurance for the instant parking lot, shall pay KRW 1,818,850 to the Plaintiff the repair cost of the Plaintiff’s vehicle as the indemnity payment.

B. (1) Determination (1) The instant parking lot falls under the annexed parking lot’s “attached parking lot” under Articles 2 subparag. 1 (c) and 19 of the Parking Lot Act, which is a facility that may cause demand for parking, and thus, the manager of the instant parking lot is obligated to endeavor to maintain and manage the instant parking lot in accordance with Articles 19-3(2) and 17(1) of the same Act.

(2) However, the following circumstances, i.e., the fifth floor of the instant parking lot, is an outdoor parking lot, and the facilities such as the tent to prevent rain or snow are installed only at the end of the road.

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