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(영문) 서울중앙지방법원 2016.05.19 2014가단5354106

구상금

Text

1. The Defendant’s KRW 31,529,937 as well as the Plaintiff’s annual rate of 5% from May 29, 2014 to May 19, 2016.

Reasons

1. Basic facts

A. Large-scale Unemployment Co., Ltd. (hereinafter “large-Scale Unemployment”) entered into a contract with Gyeongnam Enterprise Co., Ltd. with the content that part of the A construction work. The Plaintiff is an insurer who entered into a business liability insurance contract with large-scale Unemployment in relation to the said construction work. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with C with the owner of the B large-scale vehicles (hereinafter “large-scale vehicles”).

B. C, in relation to the preceding paragraph of 07:10 on Nov. 7, 2007, performed the work of carrying out the soundproof walls by hanging the soundproof walls at the D's point of time blasting work site located in Pyeongtaek-gun, Gyeonggi-do, where the large unemployment was carried out, and caused an accident where other soundproof walls already installed are removed.

As a result, the company E (hereinafter referred to as the "victim") who had been engaged in vessel operation in the vicinity of the company, suffered injury, such as a diversity diversating dives of the bones with soundproof walls.

(hereinafter referred to as “instant accident”). C.

The Plaintiff recognized the instant accident as a business disaster and paid KRW 44 million to the victim as insurance money.

2. The occurrence and scope of liability for damages caused by a joint tort;

A. According to the above facts, in the occurrence of the instant accident, (1) when performing dangerous work, such as the above construction site, the large unemployment is equipped with appropriate safety facilities or equipment, or educate workers to observe safety rules, as well as to properly place signal numbers so as not only to blind spots, and neglecting the duty of safety care to safely supervise and supervise the work site, and thus, caused the victim to be negligent. (2) In the event of the instant accident, C is within the working group.