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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff is an insurer who has entered into a heavy equipment safety insurance contract with the KH508-105M in relation to the LH508-105M, and the Defendant is a prime contractor who has entered into a contract with the KH508-105M (hereinafter “instant construction”).
B. At around 14:00 on December 28, 2012, B, who is the driver of the instant navigation gear, completed the navigation operation at the construction site of this case, moving the steering gear to the outer range of the construction site, and took rest in the state of her string.
C. However, by making a set of the steel plates in the place where the steering gear was stopped, the ground was subsidenced, and the navigation was set up, and the accident occurred where the steering gear covered the compact pressur in which the steering gear was on the side, thereby damaging the steering gear and the compact pressur.
The Plaintiff paid KRW 79,359,897 in total to the insured, the victim, etc. the amount of KRW 65,859,897 as property insurance, and KRW 13,500,000 as damages by treating them as liability insurance in relation to the damage of the compact presses.
E. The Defendant, as a person in charge of the instant construction site, has a duty of care to take necessary measures to prevent risks at a place where earth and sand, structures, etc. might collapse, and due to his negligence, he is responsible for compensating for damages arising therefrom. Since the Plaintiff has compensated for damages arising from the instant accident, the Defendant, who is liable for damages, may claim the amount equivalent to the above insurance amount paid to the Defendant.
2. The duty of care to stop the heavy equipment when the driver stops the heavy equipment as a result of the judgment on the cause of the claim. In response to the stopping of the heavy equipment at a voluntary place around the construction site in this case, the construction work to the extent that the Defendant, who is the contractor, is adequate to stop all the spaces on which the heavy equipment, such as the steering gear, etc., can stop.