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(영문) 서울중앙지방법원 2017.01.18 2016가단5043769

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Gyeonggi-do Yangyang-gun related to the contract and subcontract for the construction was awarded a contract to the same construction company (hereinafter “the same construction”), Gyeonggi-do B (hereinafter “the instant construction”), and the same construction was awarded the instant construction contract to the Daesung-gun Ltd. (hereinafter “Momul”).

B. The Plaintiff entered into an industrial accident compensation insurance and construction machinery insurance contract with the Minister of Employment and Labor in accordance with the Industrial Accident Compensation Insurance Act. The same construction purchased industrial accident compensation insurance in a lump sum with regard to workers at the construction site of this case, and the Defendant A entered into a construction machinery insurance contract with the Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd”) on the construction machinery type (hereinafter “the instant excavation type”).

C. (1) On April 12, 2008, Defendant A entered into a lease agreement on the digging ground of this case with the Daebeer and started excavation work using the digging ground of this case at the construction site of this case. (2) around 09:00 on May 24, 2008, Defendant A was engaged in excavation work using the digging ground of this case with the support of workers D, etc. belonging to the Daebeer on the construction site of this case, while discovering work using the digging ground of this case at around 09:0 on May 24, 2008, Defendant A was found to have 30 cm in diameter under the existing farming ground ground of this case. In order to eliminate this, Defendant A was able to change the direction of operation of the digging ground of this case to the extent of 8 meters away from the direction of operation of the cutting ground of this case.