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(영문) 서울중앙지방법원 2016.01.21 2015나7182
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the B-owned vehicle (hereinafter “Plaintiff”) between A and the Defendant:

It is the manager of a road where an accident described in the port occurred.

B. At around 16:30 on December 9, 2013, A, when driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle into a two-lane road in Jongno-gu Seoul, Jongno-gu, Seoul, prior to the resignation tunnel entry, and driving the vehicle as a retired or tunnel-defence on the screen of the gold tunnel (hereinafter “victim’s vehicle”) and driving the C driver’s DNA (hereinafter “victim’s vehicle”) that had been driven around the horse at the front of the said one-lane vehicle, attempted to avoid it to the right while making a sudden operation, but the Plaintiff’s vehicle and the damaged vehicle were destroyed by the Plaintiff’s vehicle and the damaged vehicle, and the damaged vehicle and the driver’s and the passenger of the damaged vehicle (hereinafter “victim’s vehicle and the victim’s passengers” collectively referred to as “victim’s 2”) suffered from each of the tension and the bones of the damaged vehicle.

C. By May 30, 2014, the Plaintiff paid KRW 10,855,640 as insurance proceeds to C, a driver of the damaged vehicle, KRW 1,650,610, the cost of repairing the damaged vehicle, KRW 5,894,100, the cost of repairing the damaged vehicle, KRW 1,646,930, and KRW 1,645,640, including the cost of repairing the Plaintiff’s vehicle, and KRW 10,85,640, as insurance proceeds.

[Reasons for Recognition] Facts without dispute, each entry or video of Gap evidence 1 through 13 (including each number in the case of additional number) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion lies in the construction and management of public structures where the Defendant responsible for the management of the road fails to safely install and manage the road, which is a public structure, thereby leaving the container alone on the road.

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