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(영문) 서울중앙지방법원 2015.12.17 2015나23351
구상금
Text

1. The defendant's appeal is dismissed.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the B-owned vehicle (hereinafter “Plaintiff”) between A and the Defendant:

In the event of an accident described in the port, the person who has installed and manages the road and the man-man.

B. At around 16:40 on April 21, 2014, A, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle, caused an accident that damages the malfunction, etc. by shocking the lower parts of the Plaintiff’s vehicle and shocking the lower parts of the Plaintiff’s vehicle into the right edge of the two-lane road (hereinafter “the instant Manle”) on the two-lane road along the two-lanes of the 1st road adjacent to the Geumdo-dong, Geumdo-dong, Geumdo-do-dong, Seoul.

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

On April 25, 2014, the Plaintiff paid KRW 630,000 for the repair cost of the Plaintiff’s vehicle to A as insurance proceeds.

[Reasons for Recognition] Facts without any dispute, Gap's 1 to 6 evidence, Eul's 1 to 3, the purport of the whole pleading, and the purport of the whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant, who is responsible for the management of the road, did not safely install and manage the road as a public structure and the instant Manlelele, caused the defect in the construction and management of the public structure left so that the lids in danger of the accident can protruding, and that the Defendant’s fault ratio is 90% or more. Thus, the Defendant is liable to pay the Plaintiff, who acquired the insurer’s subrogation right under Article 682 of the Commercial Act by paying the insurance money to A, who is the owner of the Plaintiff, with the payment of the insurance money to the Plaintiff, 567,000 won corresponding to the ratio of the Defendant’s fault (=630,000 won x 0

B. (i) The occurrence of liability for damages, and the “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act are granted for public purposes.

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