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(영문) 서울중앙지방법원 2016.07.15 2015가단5048910

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a mutual aid agreement on B truck owned by it (hereinafter “instant vehicle”) with the Yeongdeungpo-gu Construction Corporation (hereinafter “YY”) and the Defendant is a business owner who has employed D in relation to the Nam-gu C construction in the Nam-gu Seoul Metropolitan City.

B. On February 4, 2014, the Defendant entered into a cargo transport contract with the Young Port Corporation, and accordingly, the E affiliated with the Young Port Corporation was carrying the sn beam beam and steel in the instant vehicle at the Defendant’s factory located in Pyeongtaek-si F, and transported the instant vehicle to the construction site on February 5, 2014.

C. However, in order to perform loading and unloading operations, there was an accident of shocking D’s shock on the side of the instant vehicle, while the sloping beam of the instant vehicle was far away.

(hereinafter “instant accident”). D.

The Plaintiff agreed with D to pay KRW 35,500,000 out of the consolation money, lost earnings, and medical expenses (the amount to be considered as 20% of negligence in D) that were not appropriated for benefits received from D from D Korea Workers' Compensation and Welfare Service, and paid KRW 35,50,000 to D on December 9, 2014 as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 8, Gap evidence 10, Eul evidence 1, Eul evidence 3-3, the purport of whole pleadings

2. At the time of the instant accident, D, without notifying E of the party’s assertion, opened a door, and the sn beamline between which the party’s assertion fell.

The defendant should be responsible for all accidents that occur during the loading and unloading work, must thoroughly provide safety education to the employees engaged in the work, and put them into the work, and there was a duty to assign safety officers at the work site to prepare against accidents.

In addition, the defendant did not properly take measures for gambling at the time when sn beam beam was loaded on the instant vehicle.

The fault ratio of E and the defendant in the accident of this case is 20.0.