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(영문) 서울중앙지방법원 2017.09.26 2016가단5292196
보험금
Text

1. The Defendant shall pay KRW 97,844,00 to the Plaintiff the annual rate of KRW 15% from July 27, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an insurance contract with the Defendant, and entered into a construction machinery automobile insurance contract (hereinafter “instant insurance contract”) with respect to the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, and the Plaintiff, and the Plaintiff, and the 100 million won of the subscription amount, and the insurance period from May 7, 2015 to May 7, 2016 (hereinafter “instant insurance contract”).

B. (1) In the event of an accident, the Mine Industry Co., Ltd. (hereinafter referred to as the “Sibro Industry”) took charge of transporting the main body part and the main body part (hereinafter referred to as the “instant machinery”) to the second floor of the instant building on the ground side of the E-factory building (hereinafter referred to as the “instant building”), which is part of the main body part and the main body part (hereinafter referred to as the “instant machinery”) imported by the light industry from Japan to D, who is the representative of C, and D operated the instant underwater machine to transport the instant machinery to the second floor of the instant building.

(2) On October 24, 2015, the Plaintiff: (a) moved the instant machinery to the second floor of the instant building, which is a place where the Plaintiff would install the instant machinery, due to the operation of heavy machinery, etc.; (b) Belgium connecting the instant machinery and sub-markets failed to move the load of the instant machinery; (c) caused the instant machinery to be destroyed by the lower part of the panel; and (d) the instant machinery was destroyed by the ground and damaged by the panel part of the instant building.

(hereinafter “instant accident.” At the time, D combines the instant machinery and sub-boards with labels, and played a role in maintaining the balance of the instant machinery by reducing the Plaintiff’s transportation of the instant machinery, but failed to do so properly.

(3) Meanwhile, in return for the above work, D received KRW 2,500,000 from the mining industry, and the Plaintiff received KRW 350,000 from D respectively.

C. A claim for damages against the Plaintiff, etc. for the mining industry (1) is due to joint tort against the Plaintiff and D as Seoul Central District Court 2015Da538353.

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