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(영문) 서울중앙지방법원 2020.01.17 2019가단5068974
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. The Defendant C Co., Ltd. was awarded a contract for D&D works by the Korea Land and Housing Corporation, and the Defendant C Co., Ltd was awarded a subcontract for soil and reinforced concrete and water supply and drainage works (hereinafter “instant construction”) among the above construction works by the Defendant C in the amount of KRW 12.9 billion.

Defendant B leased E (hereinafter “instant so-called so-called the instant so-called “the instant so-called so-called “the instant accident”) along with F, a driver, and put in work, such as the removal of vinyls, at the site of the instant construction located in Osan City, G. On March 29, 2018, F contacted F with the high voltage line of the power transmission tower during work, and caused an accident at the time of five-hour fixed hours (hereinafter “instant accident”).

The Plaintiff entered into an automobile comprehensive insurance contract with F with the insurer, and paid KRW 39,000,000 as insurance money to H Co., Ltd. damaged by high voltage lines, pets, etc. due to the instant accident.

2. The assertion and judgment

A. The Plaintiff asserted that Defendant C, the subcontractor of the instant construction, is liable for the employer’s liability or tort regarding the instant accident.

However, in full view of all the evidence submitted by the Plaintiff, Defendant C reserved the specific direction and supervision right on the progress and method of the construction work as a subcontractor and specifically directed and supervised the implementation of the construction work.

is insufficient to recognize that there is gross negligence with respect to the contract or instruction.

Therefore, the claim against the defendant C is without merit.

B. The plaintiff asserted that he shall exercise the right of indemnity against the defendant B by subrogation against the insurer under Article 682 of the Commercial Act, or by subrogation against the obligor under Article 480 of the Civil Act.

However, the defendant B, who is a lessee of the mining search unit, uses the mining search unit of this case with the consent of the registered insured, so the third party as referred to in Article 682 of the Commercial Act.

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