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(영문) 부산지방법원 2017.08.08 2015가단241866
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 15, 2014, around 17:57, at around 17:57, A driven a C sticking vehicle owned by B (hereinafter “instant stick”) and caused an accident that shocks three strings, etc. of the vehicles passing along the intersection as the stick did not work properly while getting off the E/L route located in Busan Shipping Daegu D (hereinafter “instant accident”).

B. As a result of the National Institute of Scientific Investigation conducted an appraisal of the instant scrap with respect to the instant scrap, the said Institute determined that “In the case of the instant accident vehicle’s operation system by distinguishing the air in the Brackers from the surface of the Brackers because there is no Brack from the Brackers’ surface to the surface of the Brackers at the time of the Brackers’ inspection. There is part of the air mixed with the Brackers in the Brackers while filling the Brackers and continuing to conduct the Brack pedal pedal pedal pedal pedal, but it is not confirmed in the Brc system. The Bracks of the Brack in the Brick system of the accident vehicle’s operation to the bottom of the Brackers’ surface, and in this case, it is deemed that there is a lack of power to cause the lack of power by mixing the air in the Brackers.”

C. The instant accident caused damage, such as death of one driver of the victimized vehicle, injury, etc., and the Plaintiff, the insurer who concluded the instant comprehensive motor vehicle insurance contract with respect to the said scrap, paid KRW 190,618,810 to the victims by December 11, 2014.

On the other hand, on June 11, 2014, the defendant designated the Minister of Land, Infrastructure and Transport as an inspection agency for construction machinery pursuant to Article 14 of the Construction Machinery Management Act, which was conducted a regular inspection on the instant scrap, and determined as the result of the inspection at the time.

E. Of the standards for inspection of construction machinery under the Construction Machinery Management Act and the Enforcement Rules of the Construction Machinery Management Act, the part related to the brakes is as stated in the attached Table.

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