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(영문) 서울중앙지방법원 2017.12.19 2016나65420

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On August 8, 2014, the Plaintiff entered into a construction machinery insurance contract (hereinafter “instant insurance contract”) with A to compensate for losses arising from B’s mid-term (hereinafter “instant mid-term”).

B. A leased the instant engine to Ukjin Co., Ltd. (hereinafter “Ukjin”), and on May 13 to 14, 2015, Ukjin leased the instant engine to the Defendant at KRW 800,000 per day, along with C’s driver of the instant engine.

C. On May 13, 2015 and 14. at the Defendant’s request, C participated in dismantling rocks (cruritius) at the E-work site located in Jeonnam-si, Jeonnam-si.

In accordance with the direction of the person in charge of the scene of the defendant company, the breging work of the bregrigerr was conducted by one of the workers belonging to the defendant company, who operated the bregrackr to the upper part of the bregracker, and maintained the bregracker by operating the bregracker to the maximum extent possible, and cut the bregt to the bregracker, and then cut off the bregr to the opposite part of the bregracker.

The purpose of maintaining tensions is to reduce the reflections caused by the weight that both of the consortiums are cut off by both parties, and to promote the safety of workers.

E. On May 14, 2015, the employees of C and the Defendant Company: (a) removed a consortium level connected to the rock brecule (25 tons) around 13:00, the employees of the Defendant Company: (b) 4 lines on the consortium level; (c) breed the upper part of the relevant wire line in a brecule; and (d) C maintained a tension with each other by operating the instant heavy machinery, thereby preparing to dismantle the consortium level by maintaining a tension with the wire ropes.

one employee of the defendant company.