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(영문) 서울중앙지방법원 2015.05.12 2013가단93041
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 31, 2012, Defendant Seoul UNTT Co., Ltd. (hereinafter “SeoulNT”) was awarded a contract with the Defendant’s auxiliary intervenor (competent military units No. 1570 units of the Army, hereinafter “the Intervenor”) for the removal of usfk facilities located in the Dobong-gu Seoul Special Metropolitan City, Pakistan-si (hereinafter “instant removal construction”) during the construction period from November 1, 2012 to December 20, 2012, with the amount of construction KRW 36,672,00.

B. The employees A and B of the SeoulNT performed the removal work of the instant case using the D Excavation Engine (U.S.) leased from the Defendant Gangnam-gu Public Co., Ltd. (hereinafter “Gangbuk-gu Co., Ltd.”) under the direction and supervision of the military unit C belonging to the 1570 Army.

C. The scope of the removal of the instant case was to remove three telegraph poles that are not connected with buildings, warehouses, communications lines, or wires, but C demanded to remove eight additional telegraph poles on November 25, 2012, and A removed eight telegraph poles that were additionally requested by C using the instant accelerators.

C A, B, and 1570 unit E were instructed to fix the communications line located in one of the above telegraphs to the other telegraphs located outside the fence. A, while carrying in the work of fixing the communications line to the telecommunications line to the telegraphs, while he was engaged in the work of setting up the telecommunications line to the telegraphs, E and B were separated from the excavating machine of this case and then E was crashed into the floor (hereinafter “instant accident”), and E was affected by a scarleting, etc.

On the other hand, E entered into a comprehensive insurance contract for business cars (hereinafter “instant insurance contract”) containing “special agreement for injury by non-insurance cars” with the Plaintiff.

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