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(영문) 서울중앙지방법원 2015.04.07 2014가단21340
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s ASEAN voluntarily submitted the instant vehicle on April 15, 201 in the process of undergoing an investigation into the fraudulent conduct, etc. by using the instant vehicle owned by the Plaintiff C in the room and police station located in Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant vehicle”).

B. The instant vehicle was seized and kept in the official parking lot of the Defense Station (hereinafter “instant parking lot”).

C. Meanwhile, the instant vehicle was flooded up to a height of about 55 cm above ground due to the centralized rain that fell on July 27, 2011.

(hereinafter referred to as “the flood accident of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1

2. Determination

A. The gist of the Plaintiff’s assertion is that the flood accident of this case stored the instant vehicle in the instant parking lot, not under the Seoul Central District Prosecutors’ Office, which is the storage place of seized objects, and neglected to take necessary measures, such as evacuation of the vehicle, even if flood damage is anticipated due to continuous concentrated rain, and the occurrence of the negligence by the public official in charge who did not move the vehicle promptly at the time when the instant parking lot was flooded, the Defendant shall compensate the Plaintiff for damage caused by

B. In light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the flood accident of this case occurred due to the management negligence of the public official in charge, and there is no other evidence to acknowledge it. Thus, the above assertion by the Plaintiff is without merit.

(1) Articles 219 and 130(1) of the Criminal Procedure Act, and Articles 71 and 73 of the Regulations on the Affairs of Seized Articles by Prosecution provide that the seized Articles may be stored, entrusted, or entrusted to the police station.

(2) The instant parking lot is located in the front of the main building of the relevant guard station, which is normally difficult to view as a place where flood damage is anticipated.

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