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(영문) 서울중앙지방법원 2015.12.24 2015나37404
구상금
Text

1. The defendant's appeal is dismissed.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the Plaintiff’s Green Electricity Co., Ltd. with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is as follows.

It is the installer or manager of road and steel scraping devices in which the accidents described in the port have occurred.

B. On June 11, 2013, the driver of the Plaintiff’s vehicle, who driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle in Gyeonggi-si, suffered an accident that damages the front part of the Plaintiff’s vehicle, the left part of the steel structure protruding 90 degrees in the shape of 90 degrees due to the destruction of steel-frameing devices on the bridge in the middle part of the one-lane road surface while driving the two-lanes of the two-lanes of the 6-lane roads in the vicinity of the rest area in Samsung-si, which is located in Samsung-si (hereinafter “instant steel-re structure”).

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

On August 7, 2013, the Plaintiff paid KRW 3,053,000 for the repair cost of the Plaintiff’s vehicle to the Green Electricity Co., Ltd. as insurance money.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the instant accident was caused by the defect in the construction and management of the instant steel structure neglected the steel structure in which the Defendant, who is responsible for the management of the road, failed to safely install and manage the road as a public structure, and thereby, caused the risk of the accident to the defect in the construction and management of the public structure. As such, the Defendant is obligated to pay the Plaintiff’s automobile repair cost to the Plaintiff, who is the owner of the Plaintiff, who acquired the insurer’s subrogation right under Article 682 of the Commercial Act

B. (i) The occurrence of liability for damages, and the “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act, are ordinarily required for public structures to be offered for public purposes.

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