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(영문) 서울중앙지방법원 2016.05.31 2015가단5342261

구상금

Text

1. The Defendants jointly share KRW 111,549,708 with respect to the Plaintiff and the period from August 28, 2015 to May 31, 2016.

Reasons

1. Basic facts

A. The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C concrete mixed vehicles operated by B (hereinafter referred to as "the plaintiff's vehicle"), and the comprehensive construction of this title is below the plaintiff's company.

The contractor at the construction site and the defendant A are the field manager at the construction site.

B. Around 13:20 on October 9, 2013, when driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle on the front side of the construction site located in Dongbcheon-si, Dongbcheon-si, in order to block the front end of the crosswalk delivery and to move the vehicle, the collision took place without viewing the E (8 years old) in front of the Plaintiff’s front side, towing the bicycle on the right side, driving the bicycle on the left side of the front side of the Plaintiff’s front side of the crosswalk, driving the vehicle, and driving the crosswalk on the front side of the Plaintiff’s front side, and resulting in the Plaintiff’s death (hereinafter “instant accident”).

C. The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 371,832,360 in total to the victim as damages by August 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1-1 to 3-3, Gap evidence 4 video, the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident at the construction site of this case occurred due to the defendants' failure to have safety facilities, safety personnel, etc. or to properly supervise or supervise the safety facilities, safety personnel, etc., and the defendants' contribution to the accident of this case is 40%. Thus, the defendants jointly asserted that they are liable to pay to the plaintiff 148,732,944 won (=371,832,360 won x 40%) and damages for delay.

As to this, the Defendants were assigned safety facilities and safety personnel to control vehicles and protect drivers at the construction site of the instant accident, and safety management was conducted. The instant accident is transferred to the Plaintiff’s driver.