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(영문) 서울중앙지방법원 2019.01.29 2018나62401

구상금

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The Plaintiff is an insurer who entered into a contract for user compensation liability insurance (hereinafter “instant insurance contract”) with D Co., Ltd. with the content that: (a) the insured is as D; (b) the insurance period from November 30, 2015 to November 30, 2016, the compensation limit of which is KRW 200,000 per capita for each worker; and (c) D bears legal liability for damages exceeding the amount of accident compensation compensated under the Industrial Accident Compensation Insurance Act due to an occupational accident occurred to D’s employees; and (d) the Plaintiff is an insurer who entered into the said contract with D Co., Ltd. (hereinafter “instant insurance contract”).

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the owner of E Mapo 25.5 tons metric trucks (hereinafter “instant truck”); F is the owner of the instant truck with its trade name from September 1, 2004 as “Defendant B”, “business straw,” and “trucks” and is the owner of the instant truck, who operates the instant truck with its business registration as “Defendant B”, “business straw,” and is the owner of the car straws installed on the instant truck (hereinafter “the instant truck”).

Defendant C’s federation (hereinafter “Defendant C’s federation”) is a mutual aid business entity that entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Defendant Company regarding the instant truck and the instant tea (hereinafter referred to as “instant truck”).

D) Around December 1, 2015 to December 31, 2015, the term of the labor contract was agreed upon by G Co., Ltd. with G Co., Ltd. for “H power plant 9 and 10 installation works” (hereinafter “instant construction works”), which is part of “H power plant 9 and 10,” and concluded a labor contract regarding the instant construction works with I (hereinafter “victim”).

F carried the instant truck into the Defendant Company and the J, respectively, and D leased the instant truck from the Defendant Company and from J, respectively, the instant truck for the instant construction. However, F directly operates the instant truck.