구상금
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
1. The facts below the basis of facts do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 1 to 7 and Eul evidence No. 1 (including numbers; hereinafter the same shall apply).
[1] Chang Industrial Co., Ltd. (hereinafter referred to as "wind Industrial Co., Ltd.") had an aggregate extraction business, etc.
Defendant A, as the owner of the Pester C (hereinafter “instant Pest”), was engaged in construction machinery rental business under the name of “I”.
The Defendant Samsung Fire Marine Insurance Co., Ltd. concluded a business compensation liability insurance with Defendant A for the instant paint’s insurance amounting to KRW 100,000,000, and the insurance period from January 27, 201 to January 24:00 on January 27, 2012.
On February 1, 2011, the Chang-gu Development Bank Co., Ltd. entered into a contract for the lease of equipment between Defendant A and Defendant A, with a driver from February 1, 2011 to February 28, 2012, with the content that the instant paint is put into the EF workplace located in Chungcheongnam-si (hereinafter “instant workplace”).
Defendant A employed Defendant D and Defendant B as a driver of the instant paint.
The decision-making industry has employed the nationality G as a part of the instant workplace, and has subscribed to the industrial accident compensation insurance entrusted by the plaintiff.
[2] On October 21, 2011, D completed the work of putting up a stone in a machine that renders the instant paint into a shower (debrising the stone) while driving the instant paint at the workplace of this case and shift work with Defendant B around 06:50.
At the time G was faced with the stone taken in a shower according to the direction of the manager at the time, and D was in the state of suspending the work of putting the stone into the shower after being delivered by the manager of this case, and driving this fact from the manager, and putting it into the shower.
However, D, while shifting work with Defendant B, did not deliver the above situation of the shower draft as above and did so, she toward Defendant B who sited on the driver’s seat of the instant paint.