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(영문) 대전지방법원 2018.10.24 2018나101053

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic facts A, on May 20, 2014, was crashed and sustained an injury, such as the waste watch, while engaging in the assembly of Slarbboards at the site of the construction of the 2lux Elementary School located in Sejong Special Self-Governing City.

(hereinafter “instant accident”). The Plaintiff paid A KRW 7,194,880 as temporary layoff benefits and KRW 4,411,960 as medical care benefits.

The driver of the above crane was an employee of the UNF-si, and the UNF-si subscribed to the defendant's business liability insurance in relation to the construction site.

[Based on the grounds of recognition] The facts without dispute, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 2-1, Eul evidence 3-1, Eul evidence 4-1, Eul evidence 4-1, Eul evidence 1-2, Eul evidence 3-1, Eul evidence 3-2 (the evidence No. 3-2 is part of Eul evidence No. 1). The plaintiff Gap's assertion of the purport of the whole pleadings made an increase signal without confirming whether a slot mark was concluded while the above work was conducted, and the accident of this case occurred because the driver of this Crash increased the crash.

Although A has made a Crash signal, it was negligent for Crash drivers without confirming whether the Crash labels have been concluded, and the rate of negligence is 40%.

A’s passive damages amounting to KRW 1,843,875, and positive damages amounting to KRW 4,411,960, the Defendant is liable to compensate A for the damages amounting to KRW 2,502,334, which corresponds to the above fault ratio out of the total damages amount, as an insurer of UN Efy Co., Ltd., to which Crash drivers belong: (1,843,875, KRW 4,41,960) x 0.4.

As the plaintiff subrogated to A, he shall claim the above amount to the defendant.

The accident of this case was caused by the negligence of the defendant, and there was no negligence on the driver who believed A's signal and kiddddds A's straw.

Therefore, the defendant does not bear the liability for damages against A, and does not bear the liability for compensation against the plaintiff.

Judgment

A Whether or not a slott is entered into.