logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.23 2016가단5277593
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 24, 2016, A around 10:25, around 10:25, 2016, the Defendant and the damaged vehicles were destroyed by the front parts of the C-vehicle (hereinafter referred to as “victim”) that was parked in the front pole and its door, while driving B vehicles (hereinafter referred to as “Defendant vehicles”) at the studio Ro Office Underground Parking Lots located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government.

B. The Defendant, as an insurer of Defendant vehicle, spent KRW 13,141,120 at the repair cost of the Defendant vehicle, and KRW 2,195,00 at the repair cost of the damaged vehicle.

C. After that, the Defendant filed a lawsuit claiming compensation amount of KRW 15,36,120 (i.e., KRW 13,141,120) while the Plaintiff, a controlled entity of the officetel facilities, left the water in the underground parking lot and caused the accident by getting off the Defendant’s vehicle. Accordingly, the Defendant filed a lawsuit claiming compensation amount of KRW 15,36,120 (i.e., KRW 13,141,120).

On September 23, 2016, the Seoul Central District Court decided to accept the defendant's claim on September 23, 2016, and the decision was finalized as it is.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4 and the purport of the whole pleadings

2. Since the negligence of the Plaintiff’s vehicle A operating the Defendant’s main cause of the occurrence of the accident, the decision of performance recommendation that the Plaintiff shall compensate for all damages caused by the accident must be unfair and its executive force should be excluded.

In other words, in the underground parking lot, A has to operate the vehicle in a tent and to pay attention to avoid accidents due to more rapid reduction of the nose, but A has violated its duty of care.

Moreover, since the rain at the time is expected to have water on the floor of the underground parking lot, A, even though he should have paid a high level of attention, has caused the accident rapidly.

3. The determination is made by the Plaintiff of the underground parking lot manager.

arrow