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(영문) 서울중앙지방법원 2021.02.05 2019가단5166670
구상금
Text

Defendant E Co., Ltd. shall pay to the Plaintiff KRW 55,595,000 and KRW 404,000 among them, from May 1, 2018, and KRW 87,207.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a comprehensive liability insurance contract (hereinafter “instant insurance contract”) with the F Co., Ltd. F (hereinafter “F”), with the insured F, and insurance object F, for H hotel construction works that the H hotel F contracted from G Co., Ltd. (hereinafter “instant construction”), and for the period from January 30, 2015 to April 29, 2016, the insurance period of which was from January 30, 2015 to April 29, 2016.

B. On December 8, 2014, Defendant E Co., Ltd. (hereinafter “Defendant E”) subcontracted the civil engineering work of the instant construction to Defendant E Co., Ltd., and Defendant E Co., Ltd. (hereinafter “Defendant B”), among which they subcontracted the survey of the ground of the construction work, the measurement and management of the ground for the earth-shielding construction work to Defendant B Co., Ltd. (hereinafter “Defendant B”), and Defendant C subcontracted the design part of the earth-shielding construction work to Defendant D Co., Ltd. (hereinafter “Defendant D”).

(c)

Since March 2015, when the construction of the instant construction was completed, the ground destruction work had been underway between the construction site and the construction site from the end of March, 2015 and around April of the same year, and the ground subsidence occurred on the ground building and the end of the instant construction, and the L hotel Ma in K was invaded, and the road adjacent to the instant construction was at least 30cm (hereinafter “the instant accident”).

(d)

The construction site of this case continued long-term erosion prior to the construction work on the characteristics of the site created by reclaiming the seaside tideland site, and the occurrence of a rapid distribution phenomenon is presumed to have occurred due to the accident of this case due to the fact that the nearby erosion of soil is accelerated due to vibration and excavation due to the construction work, and that the soil erosion due to the above downstream of the ground of this case functions as excessive pressure on the wall surface compared to the low-water level of the surface of the earth.

E. F compensates for damage to M& caused by the instant accident, and the Plaintiff’s insurance proceeds to F, F, as its insurance proceeds, KRW 404,00,000, and KRW 87,207,000 on November 28, 2018, and KRW 64,38,00 on January 7, 2019, respectively.

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