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(영문) 서울중앙지방법원 2016.11.29 2015가단5256810
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an insurance contract with the Co., Ltd., the Plaintiff: (a) entered into an insurance contract with the representative insured as the Plaintiff Co., Ltd. and each subcontractor; (b) the insurance period from April 1, 2013 to July 29, 2013; and (c) the Korean Workers’ Accident Security Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) with the nationwide insurance subject matter as the Hanwon Electric Electrical Construction (hereinafter “One Insurance Contract”). The Defendant Samsung Fire Marine Co., Ltd. (hereinafter “Defendant Samsung Fire”) entered into an insurance contract with the Defendant for the instant period from March 20, 2013 to March 20, 2014 (hereinafter “2 insurance contract”).

B. At around 08:00 on July 19, 2013, C et al., an employee of the Co., Ltd., a company in charge of the occurrence of the accident, performed the replacement work of pipes, which is Offsetd in electricity, using the instant heavy machine, operated by Defendant A.

The pipes cut in C during the above work, which fell on the ground below approximately four meters in price, and suffered from injury such as the pressure diversating and the rear diversating fever No. 12 in the plesical trend, the ceiling diversating, and the salkeing.

(hereinafter “instant accident”).

C. The Plaintiff paid KRW 23,400,000 as the insurance money for the instant accident in consultation with C, within the scope of damages calculated by deducting the amount of the industrial accident insurance benefits received by C, 38% disability rate and negligence as 30%, and paid KRW 23,40,000 as the insurance money for the instant accident.

[Reasons for Recognition] Unsatisfy, Gap 1-7 evidence (including the whole number), the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim does not properly see the signal of the suspension of D, which is a signal number, and the Defendant A continued to sprink the pipes without stopping the core of this case and caused the shock of C by leaving the pipes.

The accident in this case is one of the parties to a dispute resolution and the negligence of the defendant A, and the negligence ratio is ten percent of the parties to a dispute resolution and 90 percent of the defendant A.

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