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(영문) 서울중앙지방법원 2019.07.11 2019나24031
구상금
Text

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. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the vehicle C (hereinafter “Plaintiff”), and the Defendant is a person who operates the horse riding club located in Nam-gu Incheon Metropolitan City, and manages the horses under its jurisdiction.

On January 9, 2018, when the employee of the horse riding track was cleaning the horse (ma section) around 0:00, one horse-riding (hereinafter “instant horse”) entered the horse from the horse to the horse and F (hereinafter “instant road”), and the vehicle proceeds about 2 km between 40 minutes and 40 minutes depending on the said road on which the vehicle is driving.

The Plaintiff’s vehicle was driven along the opposite direction separated from the two separate lanes where the horses of this case are in progress on the road of this case. The other vehicles in the front section of the Plaintiff’s vehicle, which had been driven along the same lane as the Plaintiff’s vehicle, around the time the horses of this case begin to move along in the front section of the Plaintiff’s vehicle.

We stopped.

However, the Plaintiff’s vehicle did not stop and concealed the front G vehicle (hereinafter “victim”) (hereinafter “instant accident”).

The Plaintiff paid KRW 987,930 as the personal damage insurance money to H of the victimized vehicle driver caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, Eul evidence No. 1-1, 2, Eul evidence No. 2, Eul evidence No. 2, and the purport of the whole pleadings [Evidence] Gap evidence No. 2

2. The assertion and judgment

A. The plaintiff's assertion is that the defendant has a duty of care to manage and supervise the horse of this case as a person who keeps animals in lieu of the possessor or possessor of the horse of this case so that the horse of this case does not deviate from the marina or riding

However, on the wind that the defendant neglected his duty, escape from the E-ridinghead, and return to the road of this case, and accordingly, the plaintiff's vehicle conceals the damaged vehicle and bears the liability for damages against the damaged vehicle.

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