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(영문) 서울중앙지방법원 2016.04.11 2015나53871
구상금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The Plaintiff’s assertion of the cause of the claim is an insurer who has concluded an automobile insurance contract for the CMW car owned by the insured.

On March 11, 2015, around 18:20 on March 11, 2015, a standing signboard owned by the Defendant was damaged by the lower ender of the said vehicle parked over the wind of Jongno-gu Seoul Metropolitan Government D.

The defendant has a duty to pay the above money to the plaintiff, since the above standing signboards were damaged due to defects in the installation and preservation of the standing signboards, such as installing the above standing signboards to be easily cut off by wind or shock at the entrance of the building, which is a location that obstructs pedestrian traffic, which is a location leading to the above standing signboards in front of the building. Since the plaintiff paid KRW 70,000 as insurance money to B, the defendant is obligated to pay the above money to the plaintiff.

2. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether such safety is satisfied, the determination shall be based on whether the installer and the preservation of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

(see Supreme Court Decision 2013Da1921, May 23, 2013). Meanwhile, pursuant to Article 3(3) of the Outdoor Advertisements, etc. Control Act and Article 12(5) and (7) of the Enforcement Decree of the same Act, advertisements, etc. shall be displayed so as not to impede the passage of pedestrians and vehicles, and advertisements, etc. shall not fall or fall off due to wind or shock, etc., and in the case of standing signboards, advertisements, etc. may be installed to the extent that does not inflict any danger and injury on the public.

In light of the above legal principles and the law, evidence No. 1 and evidence No. 1 submitted by the Plaintiff to prove that the instant standing signboards owned by the Defendant did not have ordinary safety.

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