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(영문) 서울중앙지방법원 2015.01.29 2012가단5078064

구상금

Text

1. The plaintiff

A. Defendant Heung National Fire & Marine Insurance Co., Ltd.: 60,000,000 won and its therefrom from July 1, 2010.

Reasons

1. Determination as to the claim against Defendant A, B, and C

(a) Indication of claims: To describe the grounds for claims and the amended grounds for claims in each corresponding part of the grounds for claims;

(b) (1) Defendant A and B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (2) rendered by Defendant C: Judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act);

2. Determination as to the defendant interesting country, fire, marine insurance company

A. On December 4, 2008, D Co., Ltd. (a) recognized the occurrence of the claim for reimbursement (hereinafter “D”) concluded an automobile insurance contract for business purpose (hereinafter “automobile insurance contract of this case”) with the insured as D and its employee with respect to the E-Poter vehicle owned by the Defendant He Interest Bureau Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Interest Bureau Fire and Marine Insurance”) (hereinafter “the instant vehicle”).

(B) On February 4, 2009, D was awarded a contract for the F&D (hereinafter “instant construction”) from the Government Authority of the Seoul Regional Land Management Office by the Ministry of Land, Transport and Maritime Affairs.

(C) On February 6, 2009, the Plaintiff entered into a contract for employer liability insurance (hereinafter “instant liability insurance contract”) with the construction mutual aid association as D, and with the insurance period from February 8, 2009 to July 9, 2009 with respect to the instant construction project, where its employees incur losses due to occupational accidents, the Plaintiff would be liable for damages. According to the terms and conditions of the said contract, the damages covered by the Plaintiff would be the damages suffered as D’s legal liability for damages exceeding the amount of accident compensation paid pursuant to the statutes related to accident compensation liability clause and the Industrial Accident Compensation Insurance Act, etc.

(D) G, a staff member of D, driven the instant vehicle with H in connection with the instant construction work on June 19, 2009.