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(영문) 서울중앙지방법원 2016.06.28 2015가단104785

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an insurance contract with A Co., Ltd. (hereinafter “A”), which guarantees workers’ accident compensation liability, employer compensation liability, etc., and the Defendant is an insurer who has concluded an automobile accident compensation insurance contract with B Co., Ltd. (hereinafter “B”) and the said company’s newter C vehicle (hereinafter “A”).

B. On August 27, 2012, the Korea Electric Power Corporation requested A, and around 14:00 on August 27, 2012, A performed the electric utility batteries work at Seongdong-gu Seoul Seongdong-gu Seoul (hereinafter “instant accident”). At around 14:00 on the same day, E, an employee of A, was operating equipment at the back of the work vehicle, which was set up in the scene of the instant street trees cell work, and at the same time, E, caused the occurrence of an accident involving the injury of E, by shocking E, while the harming vehicles stopped in the rear bank at the time while operating equipment at the back of the work vehicle at the scene of the said street trees (hereinafter “instant accident”).

C. F, a director of A, used the said vehicle without any separate lease agreement with the representative of B, the owner of the Maritime Vehicle, and with respect to various Korea Electric Power Corporation operations. G, at the time of the instant accident, is an employee of A, and the said accident occurred due to the negligence that G stopped the Maritime Vehicle on a slope, and did not properly manipulate the Maritime Track.

On December 24, 2014, the Plaintiff paid KRW 65,970,000 to E as damages on the basis of the above insurance contract with A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion lies in KRW 90,59,03, the amount of damages for which joint tortfeasors, such as A, G, and B are liable for damages against E due to the instant accident. As seen earlier, the Plaintiff paid KRW 65,970,00 to E according to the insurance contract with A, the other joint tortfeasor.