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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
Reasons
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with the Saly Korea Venture Co., Ltd. (hereinafter “instant company”) which is a member of the Plaintiff on the instant vehicle A (hereinafter “instant vehicle”).
B. On October 3, 2012, a driver belonging to the instant company suffered from low pressure processing lines installed in the air while driving the instant vehicle into Gangseo-gu Busan Metropolitan Government B (hereinafter “instant land”) on or around October 15:10, 2012 (hereinafter “instant cable”). As a result, the instant cable was used for security lights connected to the instant cable, thereby shocking C with which the instant land was passing (hereinafter “instant accident”).
C. At the time of the instant accident, the instant electric wires were installed at a height of approximately 4m to 5m from the ground level.
Due to the instant accident, C sustained injury, and the Plaintiff paid C mutual-aid amounting to KRW 4,390,360,360 in total, including medical expenses of KRW 2,890,360, 1,500, and 1,500,000, from December 28, 2012 to July 4, 2014.
E. Meanwhile, Articles 72(1) and 100(1) of the Electric Utility Act, Article 67 of the Enforcement Decree of the Electric Utility Act, Article 43 of the Enforcement Decree of the Electric Utility Act, and Article 4 of the Technical Standards for Electric Installations (Ministry of Trade, Industry and Energy’s notification) provide for the height of installation of low voltage processing cables or low voltages, as follows.
Article 72 (Enhancement of Low-Pressure Processed Cables) (1) The height of low-tension processing wires or high-tension processing wires shall be as follows:
1. Roads (referring to roads and crosswalks, which cross the roads, railroads, tracks, etc. and are used exclusively for walking;
hereinafter the same shall apply.
(iii) not less than 6 m above the surface of the earth in crossing a case; hereinafter the same shall apply).
2. (Omission)
3. (Omission)
4. Matters referred to in subparagraphs 1 through 3.