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(영문) 서울중앙지방법원 2014.09.25 2012가단5145377

구상금

Text

1. The Defendants are 32,084,554 won to each Plaintiff and 5% per annum from November 20, 2012 to May 11, 2013.

Reasons

1. The following facts can be acknowledged in light of the overall purport of the pleadings in the statements in Gap evidence Nos. 1 through 7, Eul evidence Nos. 3, 5-1, 3 through 7, 16, 18, 19, 20, and 24. And Eul's evidence Nos. 4, 6, 5-5, 17, 21, 22, 23, and 24 are insufficient to decide on the above recognition, and there is no other counter-proof.

B From around 2011, in order to carry on the business of painting-dong-si C Ground Factory Building (hereinafter “instant building”) with the trade name “D”.

B. Around March 2012, the Plaintiff entered into an insurance contract with the foregoing B with the content that the instant factory buildings, machinery, etc. shall be the subject matter of insurance. From March 30, 2012 to March 30, 2017, the insurance period was from March 30, 2012 to March 30, 2017, where damage is incurred due to fire, etc. as to the subject matter of insurance (hereinafter “instant insurance contract”).

C. On April 26, 2012, P&S engineering Co., Ltd. (hereinafter “P&S engineering”) was located near the instant factory building from E, and it was awarded a contract for the construction of solar structures on one roof (hereinafter “instant fire”) from among the above F F and one parcel of land (hereinafter “instant construction”) and then subcontracted the instant construction to the Defendant Co., Ltd. (hereinafter “instant construction”). Accordingly, the construction was carried out under the direction and supervision of the P&S engineering and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). At the request of P&S engineering, G, which was under the control of F&S engineering, was mobilized by a daily worker, to perform the construction under the direction and supervision of F&S engineering and the Defendant Co., Ltd.

Defendant A was employed as a worker for day duty by the above G, and worked under the direction of Contact work during the instant construction, and on September 24, 2012, the measures to prevent the occurrence of fire, such as removing dangerous substances from fire or covering them with covering at around 13:00.