beta
(영문) 대전지방법원서산지원 2015.10.06 2014가단4387

구상금

Text

1. Defendant Usungsung Development Co., Ltd.: KRW 47,849,194 and its amount from December 31, 2013 to October 6, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance business operator who entered into a comprehensive motor vehicle insurance contract with Nonparty A and B (hereinafter “Plaintiff”) and the Defendant Republic of Korea is a construction business operator who entered into the instant road construction contract with the Defendant Republic of Korea on June 20, 2013 and entered into force on the two-lane road (hereinafter “instant road”). The Defendant Republic of Korea is a construction business operator who entered into the instant road construction contract with the Defendant Republic of Korea on June 20, 2013.

The road works of this case include replacing reflectors, medians, signboards, etc. damaged on the road of this case.

B. On July 16, 2013, when driving the Plaintiff’s vehicle and driving on the first lane of the instant road on July 11:55, 2013, Nonparty D’s working person belonging to the Defendant Company, who was working in the process of replacing the central separation radius from the first lane at the time, shocked the Plaintiff’s vehicle with Nonparty D (hereinafter “working person”) and caused an accident that shocked the latter part of the private volunteer car driven by Nonparty E (hereinafter “instant accident”).

Due to the instant accident, C and workers died while receiving treatment, and E were seriously wounded, and the private car and the Plaintiff’s vehicle were damaged.

C. The Plaintiff paid totaling KRW 239,245,970 to the bereaved family members, etc. of the instant accident.

In relation to the instant accident, Nonparty F, a representative at the road construction site of the Defendant Company, was sentenced to imprisonment without prison labor for eight months, two years of suspension of execution, community service, 80 hours of death by occupational negligence, and E was sentenced to imprisonment without prison labor for six months, two years of suspension of execution, and 80 hours of community service due to occupational negligence.

(The grounds for recognition) The facts that there is no dispute over the Daejeon District Court's Busan District Court's 2014 High Court's 1072. [The grounds for recognition] and Gap's 1 to 5.