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1. The Defendant: KRW 38,494,150 for the Plaintiff and KRW 5% per annum from December 28, 2018 to January 17, 2019.
Reasons
1. Basic facts
A. D received money upon the request of E to cut trees, and received money from E, and around March 24, 2018, around 12:30,000 won per day, from the Y in the Y at the Y at the Y at Seosan-si, the Defendant paid KRW 500,000 per day, KRW 20,000 per day to the victim G, and KRW 200,000 per day to H, respectively, and ordered H to perform the work of cutting trees.
Since the defendant has been engaged in the work of cutting trees by excavating under the bottom of the tree by cutting the bottom of the tree, in such a case, the defendant has a duty of care to check whether there is another work executor within the radius of the tree, and if there is another work executor, he has a duty of care to leave out of the radius of the tree and to prevent the accident in advance.
Nevertheless, the defendant neglected this and did not confirm it properly, and caused the defendant to cover the victim by the negligence that the defendant did not use the safrout to the safrout with the safrout.
On March 26, 2018, at the time of the above occupational negligence of the defendant, the victim died from the ambacy in the J Hospital located in Seo-gu Daejeon, Seo-gu, Daejeon.
B. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with K, the insured, and the said insurance contract included a non-life insurance contract with the content that the victim shall pay insurance money to the victim as prescribed by the terms and conditions when the victim was involved in an accident by an non-insurance vehicle.
C. On July 5, 2018, the Defendant paid KRW 40,000,00 to the bereaved family members of the victim for damages.
In addition, since the above vehicles of the defendant did not have been insured, the plaintiff calculated insurance money in accordance with the terms and conditions of insurance on December 27, 2018, and deducted the above KRW 40,000,000 that the defendant paid to the victim's bereaved family members, and then 51,325,530 won is deducted.