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1. The Defendants jointly share KRW 17,204,460 with respect to the Plaintiff and KRW 5% per annum from July 6, 2013 to September 1, 2016.
Reasons
1. Basic facts
A. The Plaintiff is an insurer that entered into a comprehensive motor vehicle insurance contract (from October 28, 2012 to October 28, 2013) with respect to C dump trucks owned by A (hereinafter “Plaintiff-W”) operated by A. The Defendants are the field manager who had been performing construction works for the three tools of construction works of Suwon CBL apartment (hereinafter “instant construction”) from the Korea Land and Housing Corporation.
B. On April 9, 2013, at around 13:30, the Plaintiff’s vehicle was driven at the instant construction site to enter the road toward the water source from the upstream of the upstream distance (hereinafter “instant road”), and the victim D, who was walking a cut-down sidewalk due to the said entry, while bypassing the Plaintiff’s vehicle, was placed with the rear wheels of the Plaintiff’s vehicle, and at around 14:22 of the same day, the said victim’s death.
(hereinafter “instant accident”). C.
At the time of entering the construction site of this case, there was signal number E, but E controlled pedestrians, vehicles, etc. coming from the Sejong-dong side to the river basin, and played a role in allowing the vehicles of the construction site of this case from the above entrance road to the road of this case.
However, E in approximately five meters away from the driver's seat of the Plaintiff was not a victim or witness of the instant accident in the opposite direction because the Plaintiff's vehicle is protruding.
With respect to the instant accident, the Plaintiff agreed with the bereaved family members of the victim, and paid 57,348,200 won to the bereaved family members of the amount of KRW 56.8 million and the amount of KRW 548,200 for medical expenses.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the instant accident occurred because the Defendants failed to have safety facilities, safety personnel, etc. at the construction site where the instant accident occurred and failed to properly manage or supervise them.