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(영문) 서울중앙지방법원 2019.05.22 2016가단5234138

구상금

Text

1. The Defendants jointly share KRW 72,027,200 with respect to the Plaintiff and the period from February 6, 2016 to May 22, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into an insurance contract and a mutual aid contract on June 10, 2015 (hereinafter “D”)

D) D Co., Ltd. (hereinafter referred to as “E”) between D and E

(2) The construction of the hotel section among the F buildings to be performed under a contract from the hotel (hereinafter referred to as “instant construction”).

As to the insured, D, E, and insurance period from June 10, 2015 to February 28, 2017, the employer’s liability guarantee amount of KRW 200,000,000 per person per accident, and KRW 200,000,000 per accident, and the insured’s employees are liable to compensate for damages arising from the insured’s liability for damages exceeding the amount of statutory liability for damages arising from occupational accidents under the relevant laws and regulations, such as the Industrial Accident Compensation Insurance Act, etc. (hereinafter “instant insurance contract”).

(2) Defendant B (hereinafter “Defendant Company”) is the owner of a GW vehicle (hereinafter “instant vehicle”) and the user of the network H who drives the instant vehicle.

The defendant C’s federation (hereinafter “the defendant’s federation”) is a mutual aid business entity that entered into a mutual aid agreement with the defendant company with the content that compensates for losses suffered by legal liability due to an accident that occurred due to the operation of the vehicle of this case (hereinafter “instant mutual aid agreement”).

B. 1) The deceased I (J) entered into an employment contract with D on June 16, 2015, setting the period of the contract from June 16, 2015 to June 16, 2015, setting the wages of KRW 110,000 per day, and thereafter, the construction site of Songpa-gu Seoul Metropolitan Government (hereinafter “the construction site of this case”).

(2) D requested the Defendant Company to transport construction materials for the instant construction work.

The network H shall transport construction materials with the instant vehicle and shall be at the instant construction site.