beta
Text
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the following:
A road where an accident described in paragraph (1) occurred and a person who installs and manages the last person on the ground thereof.
B. On April 2, 2014, around 23:15, when driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on the right side of the Plaintiff’s vehicle, at the end of the Gu-U.S. urban planning road (hereinafter “instant road”) and driving on the road of 3-3 lanes of the 7-gil-ro 11, as the export of the Gu-U.S. city, from the surface of the parallel apartment, there was an accident that the front part of the lid installed on the center line of the central line is unlikely to be opened and shocked. As a result, the lid of the lid of the front part of the vehicle was facing the lower part of the vehicle, and the driving direction of the Plaintiff’s vehicle was narrow and the 4-price of the vehicle parked on the right side of the instant road caused a chain damage by the Plaintiff’s vehicle (hereinafter “instant accident”).
C. From April 14, 2014 to February 17, 2015, the Plaintiff paid KRW 8,125,780 in total as the repair cost of four damaged vehicles, and KRW 3,046,410 in total, and paid KRW 11,172,190 in total.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s failure to safely install and manage the instant road and the instant sewerage system, and it is reasonable to deem that the Defendant’s negligence contributed to the occurrence of the instant accident at a level of 70%. As such, the Defendant shall pay the Plaintiff, who acquired the insurer’s subrogation right under Article 682 of the Commercial Act, KRW 7,820,533 (=1,172,190 x 70%) and delay damages therefrom.
B. (1) Determinations on the occurrence of liability for damages