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1. The Defendant’s KRW 21,00,000 as well as 5% per annum from November 2, 2013 to August 20, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an insurance contract with Gyeongdong Construction Co., Ltd. (Gyeongdong Construction), and the Defendant is an insurer who has entered into an automobile comprehensive insurance contract with A D D D D D D D D D D D D D D D D D D D D Ds. (hereinafter below)
B. On May 25, 2013, around 10:25, at around 10:25, 10: (a) the incident occurred in which C died due to shocking C, who left the links of the instant excavation season, while having been engaged in the work that B transported the steel bars to the instant excavation season at the site of expansion work between 12-Sengsan C of the national expressway located in Songnsan-gun, Songyang-gunsansan, the C of which is an employee of the instant excavation season (hereinafter the instant accident).
C. On November 1, 2013, the Plaintiff determined the damage of C due to the death of C as KRW 64,652,070, calculated by taking account of 10% of the negligence of C, and paid the said money to Dong dong Construction in accordance with the said worker disaster insurance.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Determination on the claim for indemnity
A. The plaintiff asserts that the accident in this case occurred due to the failure to perform his duty of care while working as the searcher in this case, and the responsibility lies in 80%. Thus, the plaintiff sought to pay KRW 51,721,656, which is 80% of the money paid by the plaintiff, and the defendant asserts that the accident in this case occurred due to the total negligence of the deceased C, and that it is not responsible for the plaintiff, and that at least C's negligence reaches 7-80%, and that it should also be considered as negligence.
B. (1) According to the facts stated in Gap evidence Nos. 2, 4, 7, 8, 9 and Eul evidence Nos. 1 through 6, the accident in this case occurred when the accident in this case occurred by putting 11m in length and 19m in width (weight 2t) in a sciring season by hanging the steel bars of 19m in a tunnel (weight 2t) from the inside floor of the tunnel, and 2m in a tunnel (weight 60m in height from the floor).