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(영문) 대전지방법원 2020.02.26 2018가단231489
구상금
Text

1. The Defendant’s KRW 15,950,00 for the Plaintiff and KRW 5% per annum from January 10, 2019 to February 26, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive contract (hereinafter “instant insurance contract”) with respect to the Plaintiff Company B (hereinafter “B”) and Cenz vehicles (hereinafter “Plaintiff vehicle”). The Defendant is the manager of the road on which the flood accident of the following vehicles occurred.

B. D is a road, around 18:30 on July 1, 2018, which passes immediately adjacent to the Honam Highway Line, which does not go through a central line, from the 35.8km north of the Daejeon Seosung-dong, Daejeon Seonam Expressway, to the Myeon of the Daejeon Agricultural Technology Center located in the 35.8km-dong, Daejeon Seonam Highway.

(hereinafter “instant road”) while driving and driving the Plaintiff’s vehicle, the road passes through the section where water flows into the Plaintiff’s engine and the engine stops (hereinafter “instant accident”).

C. Under the center of the Honam Expressway, a waterway (32.6 meters in length, 3 meters in height, and 3 meters in width; hereinafter “instant waterway”) is installed, and the intersection is installed at the terminal of the waterway, along the center of the waterway, a drainage channel is installed.

However, at the time of the instant accident, part of the road was flooded because the Plaintiff’s vehicle was not drained at the time of the instant accident.

On August 9, 2018, the Plaintiff paid KRW 79,750,000 of the insurance money to B, the insured.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 8, Eul evidence Nos. 4, 5, and 6 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is the person responsible for the installation and management of the instant waterway installed on the instant road, and as the person responsible for the installation and management of the instant waterway, the defendant is responsible for compensating for the damages suffered by B due to the instant accident, since the accident occurred due to neglecting to manage the drainage channel. The plaintiff is exempted from the defendant's liability by paying the insurance money. As a result, the plaintiff is liable to the defendant under Article 682 of the Commercial Act.

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