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(영문) 서울중앙지방법원 2019.09.05 2018가단5222726

구상금

Text

1. The Defendant’s KRW 84,00,000 and the Plaintiff’s annual rate of KRW 5% from October 15, 2013 to September 5, 2019.

Reasons

1. Basic facts

A. A. A summary of the parties, etc. 1) The Plaintiff, as insurance company, is C Corporation from the Korea Rail Network Authority (hereinafter “instant construction”).

(D) Non-Party D Co., Ltd. (hereinafter referred to as “D”) who is a contractor awarded a contract.

B) During the period from May 20, 2012 to May 20, 2013, the insured period was from May 20, 2012 to May 20, 2013, the indemnity limit was 200,000,000 won per capita, and 200,000,000 won per accident. Nonparty E and F (hereinafter “the instant victims”).

(2) The Defendant, as a mutual aid business entity, entered into a mutual aid agreement with the Plaintiff, who is a member of the Plaintiff (hereinafter “G”), with respect to the term of the contract for the Kaccck (hereinafter “instant vehicle”) that is the construction machinery for which Nonparty H was located, between the Plaintiff and the Plaintiff, as a mutual aid business entity. From December 18, 2012 to December 18, 2013, the maximum compensation limit was a non-party-II mutual aid agreement.

G leased the instant vehicle to D from January 10, 2013 to December 30, 2014, and Nonparty H, a land owner, driven the instant vehicle.

B. (1) The victims of the instant accident shall be placed in the instant vehicle operated by H from January 10, 2013 to January 10, 2013 (one-time burner, 70 x 109 x 103 cm, 330 gg in weight, hereinafter “instant burner”).

(2) On board the tunnel, H operated the instant vehicle at a 50-meter radius of sewage (Dop support, 2m length of iron sheet, 106kg in weight) in the tunnel, river, etc. In accordance with the direction of the victims, H operated the instant vehicle in compliance with the direction of the victims, thereby raising, lowering, and moving back the instant burner.

3) Although safety height was installed on the top of the boom boom of the instant vehicle, the victims concluded a safety line on the safety height set up on the instant vehicle only on January 10, 2013, and thereafter, did not conclude a safety line on the safety height of the instant vehicle. 4) The instant vehicle is truck under the Automobile Management Act.

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