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(영문) 서울남부지방법원 2020.01.21 2019가단204542

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 33,739,072 and KRW 12,00,000 among them, from September 27, 2018 to 8,708.

Reasons

1. Basic facts

A. The Plaintiff is a construction company of Gangnam-gu Seoul Metropolitan Government D ground-based building construction works (hereinafter “instant construction works”).

Defendant B is the owner of pumps (construction machinery, E, hereinafter “instant pumps”) that build concrete on high-rise buildings, etc.

Defendant C is the insurer of the instant pumps.

B. On April 2, 2016, around 10:30, the instant construction site: (a) an accident was caused by protruding to the upper part, front, and side of the F-owned G ASEAN A7 vehicle (hereinafter “victim”) whose concrete was 30 meters away from the construction site;

(hereinafter “instant accident”). F claimed insurance money to H Co., Ltd., the insurer of the damaged vehicle that the Defendant C Co., Ltd did not pay insurance money, and was paid KRW 32,392,00.

C. On December 2, 2016, H Co., Ltd. filed a lawsuit against C Co. and the Plaintiff seeking reimbursement of KRW 32,392,000 and damages for delay thereof.

(Seoul Central District Court 2016dan5289091). The above court accepted the claim against the plaintiff of H Co., Ltd. on September 11, 2018, but dismissed the claim against C Co., Ltd.

The judgment became final and conclusive on October 13, 2018. D.

On July 6, 2016, F filed a lawsuit against the Plaintiff seeking compensation for damages, such as the principal charge due to the self-insurance processing of the instant accident, the depreciation costs of damaged vehicles, and the cost of lending and borrowing during the repair period.

[Seoul Central District Court 2016Kadan5655 [Damages 2016Gadan565] On August 22, 2017, the above court sentenced F to F that the Plaintiff shall pay 15 million won and its delay damages.

On July 18, 2018, the appellate court sentenced FF to pay 12,785,700 won and damages for delay. The judgment became final and conclusive on August 10, 2018.

E. The plaintiff

(c).

The following money shall be paid to H Co., Ltd. in accordance with the judgment of this subsection: