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(영문) 서울중앙지방법원 2018.10.25 2017가단5054988

구상금

Text

1. The Plaintiff, Defendant Hyundai Marine Fire Insurance Co., Ltd., 76,000,000 won, and Defendant A’s present fire insurance with respect to the Defendant.

Reasons

1. Facts of recognition;

A. On March 2, 2015, the Plaintiff is an insurer who entered into a contract with the Specialized Construction Mutual Aid Association for the purpose of compensating for losses incurred by the insured workers by bearing legal liability for damages exceeding the amount of accident compensation paid by the insured workers pursuant to the Industrial Accident Compensation Insurance Act due to occupational accidents that occurred between the period of insurance from March 11, 2015 to September 30, 2016, insurance money of KRW 100,000 (per person per accident) and KRW 200,000 (the accident party).

B. Defendant A is the owner of concrete pumps (B; hereinafter “instant pumps”). Defendant Company is an insurer who entered into an automobile insurance contract with Defendant A with the content that Defendant A would compensate for losses incurred due to an accident that occurred due to the operation of the pumps of this case by setting the insurance period from February 27, 2015 to February 27, 2016 (hereinafter “instant two insurance contract”).

C. Around March 2, 2015, the LAD Co., Ltd. entered into a construction equipment lease agreement with Defendant A, setting the said pumps at the construction site of this case as KRW 1.2 million per day (including additional dues) to lease them, and Defendant A’s employees D driving the said pumps.

On May 28, 2015, E, a worker of the MM-affiliated Construction, was at the construction site of this case for the concrete building theory of the parking lot columns at the construction site of this case, and at the top of the mobile-type strawle, the end of pressure transmission of the pumps of this case was at the end of pressure control over the pumps of this case.

However, the above pressure pipe gets a self-crupted Dong, and shoots E's chests, and E falls under the upper floor below 2 meters due to its shock, and the injury, such as streke, strekeing, strekeing, bovine spongiformiformiform, and strekeing of credit.