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(영문) 서울중앙지방법원 2017.12.08 2015가단5064516

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2011, the Plaintiff is an insurer who entered into a liability insurance contract with Nonparty C&C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to compensate for losses suffered by the insured from the insured’s employees by bearing legal liability for damages exceeding the amount of accident compensation paid pursuant to the Industrial Accident Compensation Insurance Act due to occupational accidents caused by the insured’s employees.

B. On May 12, 201, the Defendant entered into a mutual aid agreement with Samjin Cargo Transport Co., Ltd. (hereinafter “Trijin Cargo Transport”) with the content that: (a) the Defendant wishes to compensate for the damage suffered by a third party due to the operation or possession of a vehicle A (on the port 25 tons, a truck tower in which a small stick is installed when loaded with a superficial truck; (b) the Defendant is a mutual aid association with the content that the Defendant would compensate for the damage suffered by a third party due to an accident that occurred while the Defendant owns, uses, or manages the truck.

C. Around June 5, 2011, Nonparty Company leased the instant crane with the driver B along with the C, and put it into the C site at Kimpo-si.

On June 10, 201, at Kimpo-si, around 08:0, workers, such as D, etc., employed by the non-party company at the site of Kimpo-si, Kimpo-si, and D, etc., shall dismantle the sn beam of the upper 8-meter bridge at a height of 8 meters above the ground. On the ground, the driver parked the sn beam of this case on the ground and then installed the sn beam removed by the workmen on the backline of the instant snick in accordance with the signals of the signal number E belonging to the non-party company while moving the sn beam beam to the ground, there was a conflict with the sn beam beam installed in the instant snick and moved to the snick, and thereby resulting in the accident of causing the injury of opening the sn beam on the left side by crashing the dn center on the ground (hereinafter referred to as the “accident”).

(e) Korea Labor Welfare Corporation shall be on June 201;