(영문) 서울중앙지방법원 2015.03.24 2014나52000

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(영문) 서울중앙지방법원 2015.03.24 2014나52000

구상금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A with respect to B vehicles.

B. A, around 11:00 on September 13, 2013, while driving the above vehicle and driving it in accordance with the new month from the 3rd new-dong New-dong, Yangcheon-gu, Seoul to the 4th new-month direction, a vehicle was damaged due to the flow of high water on the road into the engine inside the engine and electric equipment through the air inhale of the above vehicle (hereinafter “road”).

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

On February 27, 2014, the Plaintiff paid A the repair cost of KRW 19,00,000 for the said damaged vehicle as insurance proceeds.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the road of this case is a habitual flood area, where the accident of this case occurred because water flows down on the ground of the road, and water flows down on the road. The defendant, the manager of the road of this case, even though he is obligated to expand the drainage of the road of this case and maintain the safety of the road of this case by installing additional drainage facilities, neglected to take safety measures such as installing a safety sign informing of the risk of the accident caused by the inundation of the road of this case and prohibiting and restricting the passage of the road of this case. Thus, since the defendant's negligence in installing or managing the road of this case caused the accident of this case to be jointly caused by the accident of this case, the defendant is obligated to pay the plaintiff, the insured, the indemnity amount of 5,70,000,000 won (= insurance money of 19,000,000 x 30% of the defendant's negligence ratio).

B. Determination feet, crossing installed on the road of this case.

유사 판례

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