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(영문) 울산지방법원 2015.09.23 2014나11536
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 11.

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with B with respect to a passenger car (hereinafter “automobile in this case”).

B. On August 30, 2012, B parked the instant vehicle on the road in front of Ulsan-gu D Building (hereinafter “instant building”), the Defendant owned, but around 15:15 on the same day, water tank installed on the instant rooftop of the instant building, which was destroyed by a storm and strong wind, due to the impact of typhoon Denmark.

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

On March 7, 2013, the Plaintiff paid to B insurance money equivalent to KRW 3,187,000 for the instant automobile repair cost due to the instant accident.

2. According to the facts acknowledged as above, the Defendant, who owns and manages the instant building, was obligated to take protective measures to prevent the destruction of structures, such as water tanks, installed on the rooftop of the instant building due to typhoons, etc., and caused the instant accident. As such, the Defendant is liable to compensate for the damages suffered by B due to defects in the installation and preservation as the occupant and owner of the said water tank, and the Plaintiff acquired by subrogation the right to claim damages against B by paying the insurance money with respect to the damage of the said vehicle, barring special circumstances, the Defendant is obligated to pay the Plaintiff the indemnity amount equivalent to KRW 3,187,000, insurance money to the Defendant, barring special circumstances.

3. The defendant's assertion and the judgment of the defendant are that the accident of this case occurred due to the natural disaster that is the typhoon, Denmark, so they are not responsible for compensating for the damage caused by the accident of this case.

Domins, B.

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