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(영문) 광주지방법원 2019.06.12 2018가단512728
구상금
Text

1. The Defendant’s KRW 58,758,474 as well as the Plaintiff’s annual rate from March 29, 2018 to June 12, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract for construction machinery for business purpose with respect to Cromer’s construction machinery (hereinafter “instant construction machinery”).

B. On March 7, 2017, the Defendant concluded a Naju-si and Dwork Agreement, and subsequently, ordered E Co., Ltd. (hereinafter “E”) to perform road packaging construction works in the form of subcontracting road packaging construction works and leasing the instant construction machinery from E (F).

C. At around 11:59 on April 1, 2017, G, an employee of E, operated the instant construction machinery at the site of the Tri-distance Road Packing Corporation located in H on the same day, and repeated the transition and back-up direction in the direction of Gwangju, while trying to drive the instant construction machinery on the right side of the right side of the bus terminal from the right side of the right side of the right side of the bus terminal located in Gwangju, while trying to move back to the right side in the direction of Gwangju. On the part of the G, he did not discover the JJ’s K-turn stopped stopped after the instant construction machinery (hereinafter “the instant accident”), and thereby, the J (hereinafter “the deceased”).

In relation to the instant accident, the Plaintiff paid KRW 861,580 to the deceased’s medical expenses, and paid KRW 195,000,000 to L and M who is the bereaved family of the deceased on March 28, 2018, and paid KRW 195,861,580 in total, thereby compensating the deceased for all damages.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 6 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings,

2. The parties' assertion that the plaintiff neglected the defendant's duty of safety management supervision over the construction site of this case, and that the defendant's negligence caused the occurrence of the accident of this case and the expansion of damage. Thus, the defendant jointd with G as the driver of this case's construction machinery of this case's construction machinery of this case's

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