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(영문) 서울중앙지방법원 2018.12.18 2018나19186
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with the Korea Local Finance Association, from January 1, 2015 to December 31, 2015, concluded a local government liability insurance contract (hereinafter “instant insurance contract”) by setting the insured as Daejeon Metropolitan City, respectively.

B. On June 26, 2015, when the occurrence of a traffic accident occurred, D Driving Vehicle C (hereinafter “instant vehicle”) was proceeding from the front of the Tri-gu Daejeon B (hereinafter “instant road”) to the front of the Tri-gu (hereinafter “instant road”), from the front of the Tri-gu (hereinafter “the instant vehicle”), the vehicle was destroyed due to the collision with the shock tank (hereinafter “instant shock tank”) located in front of the Central Separation Zone, which was the place where the instant vehicle was originally installed, and the collisioned with the shock tank (hereinafter “instant shock tank”) that was located in the first and second lanes.

(hereinafter “instant accident”). C.

From the accident of this case to August 4, 2015, the Plaintiff, the insurer of the instant vehicle, paid 17,727,000 won of its own vehicle non-life insurance as the repair cost of the instant vehicle (hereinafter “Mez fire”). D.

The progress of the relevant civil litigation filed a lawsuit against Daejeon Metropolitan City on the claim for reimbursement of KRW 17,727,00 of the above insurance money ( Daejeon District Court 2015Dada54289), and on April 26, 2016, Daejeon Metropolitan City rendered a judgment citing KRW 14,181,600 of the claimed amount and damages for delay on the ground that it was negligent in failing to perform its duty to take protective measures as a manager of the road of this case on April 26, 2016.

The Plaintiff, as an insurer of the instant insurance contract on May 18, 2016, paid the principal and interest of the instant judgment to the Mzz Fire, and the Plaintiff’s appellate court that continued by the appeal of the Daejeon Metropolitan City ( Daejeon District Court Decision 2016Na104072) on November 8, 2016, stating that “The Daejeon Metropolitan City shall pay 12,408,900 won to Mzz Fire and damages for delay from August 4, 2015.”

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