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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. On September 16, 2013, A, an employee of the Master Industry Co., Ltd., was at the construction site of a new hotel B in Gangseo-gu Seoul Metropolitan Government and supervised working workers. D, the driver of the sofasing season, was engaged in the work of spreading soil to dump trucks in compliance with A’s instruction. However, A’s physical body of the sofasing season during which A was approaching the sofasing season and the entrance and exit of the workplace, etc. (hereinafter “instant accident”).
B. The defendant is an insurer who has entered into an automobile insurance contract for the above digging machine.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The purport of the Plaintiff’s assertion lies in the wind that the instant accident occurred without confirming that D had a net A around the surrounding area while operating the scooters, and thus, the Defendant is liable for damages as an insurer. The Plaintiff paid to the deceased’s bereaved family members of the deceased’s bereaved family in accordance with the Industrial Accident Compensation Insurance Act, KRW 84,782,607, funeral expenses, KRW 9,300,70,000, in a lump sum conversion of bereaved family’s benefits, according to the said Act, the Defendant shall exercise the right to indemnity against the Defendant in accordance with the said Act.
B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4 of the judgment, D repeats the work of loading sand to a dump truck located on the left side of the dump season in consultation with the network supervisor at the construction site supervisor A, and the network A, whose role was to control the entry of persons or vehicles at the site of the accident and to instruct D’s work, was well aware of the operation radius and risk of the d's operations. At the time of the accident, the network A approaches the d's approach to the d's backs without any signal, and d's head is closely sealed.