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(영문) 청주지방법원 2017.04.07 2016나11814
구상금
Text

1. Revocation of the first instance judgment.

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 has concluded a comprehensive personal automobile insurance contract with A and Bsch Rexton vehicles owned by it (hereinafter “Plaintiffs”).

The defendant is the manager of the small-medium Highway in the vicinity of the Seodaemun-gu Bond Office.

B. A, around 14:00 on November 2, 2015, driven the Plaintiff’s vehicle and passed the Seo-gu Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s Seo-gu’s office

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

On November 13, 2015, the Plaintiff paid KRW 808,600 at the repair cost of the Plaintiff’s vehicle as an insurer.

【Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant conducted a salt test at the point of Seogju's charge station on the day of the instant accident.

Nevertheless, the Defendant did not take such measures as cutting mil surface or installing safety facilities so as to prevent the vehicles passing through the fare station from getting off or placing safety personnel.

As a result, the accident of this case occurred after the plaintiff vehicle passed the fare station.

Therefore, the Defendant, as an insurer of the Plaintiff, is obligated to pay the Plaintiff the amount of KRW 808,600,000, equivalent to the ratio of the Defendant’s fault to the Plaintiff, which paid the repair cost of KRW 808,60,00 from November 14, 2015, following the date of payment of the repair cost.

B. In light of the Defendant’s performance of the test test and the causal link between the instant traffic accidents, there is no dispute between one party, or comprehensively taking account of the overall purport of Gap evidence Nos. 3, Eul evidence Nos. 1 and 4, and all images and arguments, the Defendant’s test the function of the salt water spraying system by testing salt at the point of the Seo-ju’s charge station around November 2, 2015, which is the day of the instant accident.

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