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(영문) 서울중앙지방법원 2020.12.24 2019나83429
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The plaintiff's assertion is an insurer who has entered into a comprehensive automobile insurance contract with C regarding D vehicles (hereinafter "Plaintiff vehicle"), and the defendant is the manager of the underground parking lot of the building E in Naju.

Plaintiff

On April 9, 2019, vehicles run slowly after entering the above underground parking lot and were driving. At the time, the wastewater management officer, based on the ground of sewage management, caused an accident where the floor of the above underground parking lot is the sea and the Plaintiff’s vehicle slicks the rail of the underground parking lot (hereinafter “instant accident”).

On May 30, 2019, the Plaintiff paid KRW 1,724,00 at the repair cost of the Plaintiff’s vehicle.

The accident of this case occurred due to the defendant's negligence as a manager of the above underground parking lot, which caused the defendant's negligence. The defendant is obligated to pay the above money for the plaintiff's claim for reimbursement of KRW 1,379,200 equivalent to 80% of the insurance money paid under subrogation of the insurer under Article 682 of the Commercial Act.

2. The plaintiff's above assertion is premised on the defendant's negligence in maintaining and managing the above underground parking lot as a manager of the above underground parking lot on the plaintiff's liability for damages to the insured, and each statement of Gap evidence Nos. 1 through 11 (including a serial number) is insufficient to recognize the plaintiff's assertion that the defendant neglected the duty of maintaining and managing the facilities, and there

Therefore, the plaintiff's assertion is without merit without further review.

3. According to the conclusion, the Plaintiff’s claim should be dismissed for lack of reasonable grounds.

In conclusion, the judgment of the first instance is legitimate, and thus, the plaintiff's appeal is dismissed.

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