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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A artler vehicles (hereinafter “Plaintiff vehicle”). The Defendant is a oil and radio communications company, which installs and manages cables installed at the following accident site.
B. Around 06:30 on June 26, 2017, the Plaintiff’s driver driven the Plaintiff’s vehicle on which construction machinery was loaded and proceeded with the front road B in the front of the Daecheon University as a long-distance parking lot. Construction machinery loaded on the Plaintiff’s vehicle shocked the cables owned and managed by the Defendant installed in the access road airspace above the said parking lot, and accordingly, the accident occurred that the Defendant’s aforementioned cables and the signboards owned by a third party adjacent thereto (hereinafter “instant accident”).
C. On August 28, 2017, the Plaintiff paid KRW 5,000,000 at the repair cost of the signboard in accordance with the said automobile insurance contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8 through 11, Eul evidence No. 5 and the purport of the whole pleadings
2. Summary of the parties' arguments
A. According to the relevant provisions, although the above cables managed by the defendant should be installed at a height of at least 4.5 meters on the ground, the defendant installed the above cables at a lower level, and the accident of this case occurred, the defendant is liable to compensate for damages caused by the accident of this case pursuant to Article 758 of the Civil Code. 2) However, since the plaintiff acquired the victim's right of compensation by compensating the above damages under the above automobile insurance contract and by subrogation, the defendant is liable to pay the amount equivalent to the above insurance money and damages for delay to the plaintiff.
B. Defendant 1) The technical level of the ground facilities, premises distribution facilities, and telecommunications tunnels, etc. (hereinafter referred to as “instant case”).