beta
(영문) 서울중앙지방법원 2014.11.25 2011가단296068

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 946,457,009 won and 400,000,000 won among them. From November 25, 201 to August 25, 2011.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer of the failure to place the 6th floor factory building (hereinafter “factory building of this case”) on the Namdong-gu Incheon Metropolitan City, Namdong-gu, Seoul, Inc., Ltd. (hereinafter “Masungsan”), and Defendant Sung River Construction Co., Ltd. (hereinafter “Defendant Sung River”) are the constructor of the factory building of this case, and the Defendant A is the design and supervisor of the construction of the above construction.

The factory building of this case was approved on June 4, 2010.

B. On September 2, 2010, around 06:08, the elevator test collapse, which is a part of the factory building of this case, and due to this, the elevator test collapsed, and the machinery, etc. in the factory building of this case was damaged.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid the total amount of KRW 1,892,914,019, including KRW 400,000,000 on November 24, 2010, KRW 800,000 on April 1, 2011, and KRW 692,914,019 on August 23, 201.

(The above-paid insurance money shall be the amount calculated by deducting all the value of the remainder and its own contributions, etc. from the amount of damages)

D. At the time of the instant accident, the 7th typhoon’s mal wave was not the “diculous wave.” The basic wind (the customs determined by taking into account the impact of the site sentence on the average wind of 10 minutes measured at a height of 10 meters from the ground surface of the area in which the ground surface C is classified) in the Incheon area publicly notified by the Ministry of Land, Transport and Maritime Affairs was 30/100. On the other hand, around 06:06 on the day by the Korea Meteorological Administration’s annual report, the maximum wind in the Incheon area (the average wind between 10 minutes per day) was 17.5m/ second.

Around 06:05 on the half of the day, the maximum net wind (3 seconds per day) in Incheon area was around 06:05 at around 28.6m/First (SW) and 34.4m/First (ESE) in the Songdo area (based on the half of the day) / [based] without dispute. Facts that there is no dispute, Gap's 1 through 8, 11 evidence, Eul's 1 through 5 evidence, Eul's 1 through 5 evidence, and evidence 6-1 through 5, the result of the commission and reply to the Administrator of the Korea Meteorological Administration to this court, the purport of the entire pleadings.

2. The plaintiff alleged by the parties concerned is the Incheon Incheon area, which is the design standard for the factory building of this case at the time of the accident.