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(영문) 서울중앙지방법원 2018.11.28 2018나30558
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

The Plaintiff entered into a business liability insurance contract with the Han Libers Co., Ltd. (hereinafter referred to as the “Korean Marenes”) with respect to the period of insurance as to the Marins (hereinafter referred to as the “instant Marins”). From June 5, 2017 to June 5, 2018, the Plaintiff entered into a business liability insurance contract with the insurance period.

The Defendant participated in a reinforced concrete subcontractor's work among the "D New Construction Works," which is in progress in Yongsan-si flooded Zone C, and Defendant E was performing a signalling role in informing Crickers of the work process at the construction site.

E, around 15:40 on August 29, 2017, around 115:40, at the vicinity of the construction site at the 116 dong boom (a structure that is linked to a pole, extending across the ground and horizontal area) and requested 116 booms staff members of the Korea-U.S.A. who operated the instant boom to move the boom boom to the opposite direction, centering on the cler 116 booms, in order to carry out a new booming work through electricity.

On the other hand, in the course of turning the boom boom of this case to the opposite direction, F had an accident of collision with the boom boom group of other caters (hereinafter “victim”) around 103 booms (hereinafter “the accident of this case”).

The Plaintiff paid KRW 59 million, 00,000,000,000,000,000,000,000,000 to the Plaintiff, as the insurer of the instant scrap, from October 20, 2017 to November 20, 2017, excluding KRW 60,000,00,00 for the total repair cost of the damaged scrap.

[Reasons for Recognition] A’s written evidence Nos. 1 through 7, the entire purport of the pleading, and the argument of the parties to the instant accident, the Plaintiff asserted that E is responsible for the instant accident, even though E is a signal number and has a duty to verify the location of the damaged scrap and notify the F of the fact, the Plaintiff was negligent in neglecting such duty, and thus, the E’s employer.

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