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(영문) 서울중앙지방법원 2017.06.23 2015나16537

구상금

Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. On December 4, 2008, D Co., Ltd. (hereinafter “D”) concluded an automobile insurance contract for business purpose (hereinafter “automobile insurance contract of this case”) with the Defendant interesting Korea Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant interesting Korea Fire”) on the condition that the insured is “D and its employee who drives the instant vehicle for D” (hereinafter “instant automobile insurance contract”).

D On February 4, 2009, the Ministry of Land, Transport and Maritime Affairs contracted the F&D construction work (hereinafter “instant construction work”).

On February 6, 2009, the Plaintiff entered into a contract for employer liability insurance (hereinafter “instant liability insurance contract”) with the construction mutual aid association as D, with the insurance period from February 8, 2009 to July 9, 2009, with the content that the Plaintiff compensates for the said damages in the event that its employees incur losses due to occupational accidents (hereinafter “instant liability insurance contract”). According to the terms and conditions of the said contract, the damages the Plaintiff compensates pursuant to the said contract shall be the damages incurred by the Plaintiff by bearing the legal liability for damages exceeding the amount of compensation paid pursuant to the provisions of the said special clause on accident compensation liability and the Act on Accident Compensation, including the Industrial Accident Compensation Insurance Act.

D With respect to the instant construction work on June 19, 2009, 11:50, 11:50, 2009, the employees G of D driven the instant vehicle while driving the H on the instant vehicle to mislead the operation of hand on the bridge in front of the application horizontal intersection distance of Gyeonggi-gu, Gyeonggi-gu, the said vehicle fell into the North Korean river, and H suffered injury, such as mination in the upper half of the upper part of the upper part.

On July 1, 2010, the Plaintiff paid KRW 60,000,000 insurance money to H in accordance with the instant liability insurance contract, and H in any case after receiving the said insurance money, “H in any case after receiving the said insurance money.”