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(영문) 서울중앙지방법원 2020.10.23 2019나56458

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On February 27, 2015, the Plaintiff is an insurer that entered into a business liability insurance policy with the FOV Co., Ltd. (hereinafter “E”) to compensate for losses incurred in relation to the operation of the FOV (hereinafter “E”).

B. C Co., Ltd. (hereinafter referred to as “C”) subcontracted to the Defendant the construction project for the new apartment (hereinafter referred to as “instant construction site”) in Seodaemun-gu Seoul, Seodaemun-gu (hereinafter referred to as “instant construction project site”).

C. C on December 1, 2014, from E, leased the instant tea necessary for the said new construction work.

At around 16:30 on May 11, 2015, G, an artist of this case, was involved in an accident that conflicts with the boom boom boom booms owned by NV Co., Ltd. (hereinafter referred to as “M”) (hereinafter referred to as “the instant accident”) in the course of turning the boom booms to the right-hand right-hand side, such as a forest display at the lower level (hereinafter referred to as “M”). Accordingly, the damaged booms.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 7-1, 2, Eul evidence 1 and 5, the purport of the whole pleadings

2. Determination as to the occurrence of liability for damages

A. The summary of the parties’ assertion (1) In order to prevent collisions, the signal number of the instant cranes belonging to the Defendant must check the location of the adjacent towings and, in the absence of interference, give instructions to drive only in the absence of interference.

However, although the signal number is neglected and thus, it is negligent for the Defendant to make an erroneous driving signal even in a situation that may conflict with the damaged clers, and the Defendant, as the user of the above signal number, shall be liable for the instant accident.

On the other hand, C as the lessee of the instant Lesin as a safety manager at the site of the instant construction site, as a whole, separate safety manager, etc. in addition to signal numbers.