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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The parties concerned are the insurers who have concluded a worker's disaster mutual aid agreement with the specialized construction mutual aid association with the insured as the insurer who has concluded a worker's disaster mutual aid agreement. The defendant is the insurer who has concluded a motor vehicle comprehensive insurance contract with respect to the B used vehicles (hereinafter "the instant used vehicles"), the victim C (hereinafter "victim") is a worker employed by A, and D is the driver of the instant used vehicles.
B. The construction and accident A contracted for the construction of structures in Ulsan-gun E, Ulsan-gun from the development of the Sejong-gun Industry. At around 11:00 on March 26, 2013, the occurrence of the occurrence of the accident that: (a) the victim, who moved on a structure above about 7 meters high of the base of the instant flag, was crashed at the wind connected to the base of the instant flag and caused the injury, such as crushing and crushing, etc., to both sides of the instant vessel (hereinafter “the instant accident”).
C. The Plaintiff agreed with the victim on the basis of the result of the damage assessment calculated by deeming the victim’s negligence in the instant accident as 30%, and paid KRW 40,90,000 as insurance money on February 6, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 21, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred due to negligence of operating the instant flag without examining whether D had another worker within the scope of the Working Group on the Climate of this case, and that negligence was 70%. Thus, the Defendant is liable to compensate the victim for damages arising from the instant accident with the insurer of the instant comprehensive motor vehicle insurance contract. The Plaintiff paid insurance money to the victim by subrogation of the victim’s right to claim damages against the Defendant pursuant to Article 682 of the Commercial Act.