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(영문) 서울남부지방법원 2015.09.09 2014가단211712
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. The Plaintiff is an insurer who has entered into a contract for workers' disaster insurance with a life-sustaining industry Co., Ltd. (hereinafter “life-sustaining industry”), and the Defendant is an insurer who has entered into an automobile insurance contract with B excavation vehicles owned by A (hereinafter “Defendant”).

B. At around 16:10 on September 9, 2013, C, an employee of the scenic industry, was carrying the Defendant’s vehicle onto the left-hand dump truck with the vehicle control, dump truck’s quantity and supervision at the outside of the excavation site of the construction site of the E-tourist hotel located in Gangseo-gu Seoul Metropolitan Government, for employees working at the lower-class, and as ordered by C, A was carrying the Defendant’s vehicle onto the left-hand dump truck with the body of the Defendant’s vehicle and the pentle column, etc. (hereinafter “instant accident”). However, C, upon approaching the Defendant’s body, died of the body of the Defendant’s vehicle and the pentle column, etc. (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap 1, 6 evidence, Eul 1 evidence (including each number), the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff paid 49,200,000 won to the bereaved family members of the deceased by determining 30% of the deceased's negligence as to the damage suffered by the deceased C (hereinafter "the deceased") due to the accident of this case. Since the above accident was caused by the negligence of the driver of the defendant vehicle, the defendant is liable to pay the plaintiff the money claimed as compensation.

3. First of all, we examine whether A was negligent in relation to the instant accident, examine the following facts, take into account the aforementioned evidence, witness witness’s testimony and arguments, and examine the following facts, namely, F repeated the work of carrying the Defendant’s vehicle with a dump truck located on the left side of the Defendant’s vehicle while fixing its location under consultation with the Deceased, a supervisor at the construction site.

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