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(영문) 서울중앙지방법원 2020.01.09 2019가단5159665

구상금

Text

1. The Defendant’s KRW 139,425,00 for the Plaintiff and 5% per annum from June 19, 2019 to January 9, 2020.

Reasons

1. Facts of recognition;

A. The instant employer compensation insurance contract and the automobile insurance contract 1) C Co., Ltd. (hereinafter “C”).

Around July 2018, D Association and the Insured entered into a contract for the employee's accident compensation insurance with D Association and the Insured from July 1, 2018 to July 11, 2019, setting the indemnity limit as KRW 200 million per capita, and KRW 300 million per accident. The Plaintiff entered into the employer's compensation insurance contract with D Association and the Insured as C prime contractor (hereinafter “instant employer's compensation insurance contract”).

(2) According to the instant employer compensation insurance contract, the Defendant concluded a comprehensive automobile insurance contract (hereinafter “instant automobile insurance contract”) with respect to the instant truck for business purpose (hereinafter “instant truck”) from February 25, 2018 to February 25, 2019, with respect to which the insurance period as to the instant truck was stipulated from February 25, 2018 to February 25, 2019.

B. (1) The occurrence of the instant accident 1) C is a concrete building project during the instant construction project (hereinafter “instant construction project”) from I Co., Ltd., which had been performing the construction project of “H” apartment at the Gu Gwon during Ansan-si.

3) In order to obtain a subcontract and perform the above construction work, E shall drive the instant truck to provide ready-mixed concrete (hereinafter “ ready-mixed”).

A) Around 15:08 on November 15, 2018, E had the instant truck transported and supplied at the instant construction site. (2) around 15:08, E had the instant truck driven from the temporary traffic route between the Jdong frame and the 2ndr of the workshop in the instant construction site to drive the instant truck into the main traffic route (three-distance), and it had the instant truck driven into the main traffic route (three-distance), and it was run back by negligence without properly examining the rear side and without receiving the signal number signal.