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(영문) 서울중앙지방법원 2020.05.20 2019나53213

구상금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment cited in the judgment of the court of first instance is as follows, except for the second-b and sub-paragraphs (b) and (c) of the grounds of the judgment of the court of first instance as follows. Thus, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

B. As seen earlier, as seen earlier, Defendant C introduced Defendant C as a driver who will rent the instant digging pool at the construction site and work instead of the date on which he could not work at the construction site.

In addition, there is no evidence to acknowledge that there was a defect or defect in the search season of this case, and considering all the evidence submitted by the Plaintiff, it is difficult to deem that the accident of this case was caused by Defendant C’s intentional or negligent illegal act.

Therefore, it cannot be deemed that Defendant C is liable for tort under Article 750 of the Civil Act.

(B) In light of the above legal principles, the Defendant Company, the insured, shall not be held liable for the direct compensation against the insurer of a third party under Article 724(2) of the Commercial Act, as seen below, on the ground that the Plaintiff’s direct compensation claim against the insurer of a third party under Article 724(2) of the Commercial Act is premised on the insured’s liability for an accident. Thus, insofar as Defendant C, the insured, is not liable for an accident, the Defendant Company shall not be held liable for the compensation.

The plaintiff's claim against the defendant company and defendant C is without merit, and all claims against the defendant company are without merit.

C. There is no dispute between the parties as to the fact that the accident occurred due to Defendant B’s act at issue as to whether Defendant B was responsible or not, and thus, if Defendant B constitutes the “third party” under Article 87(1) of the Industrial Accident Compensation Insurance Act, the Plaintiff against the Defendant B who received the benefit within the insurance benefit amount.