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(영문) 서울중앙지방법원 2020.08.19 2019나41630
구상금
Text

1. Of the part against Defendant B corporation in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

Reasons

1. Basic facts

A. (1) On March 17, 2015, the Plaintiff concluded an insurance contract with F to March 16, 2016, with the content that the insured FF, the insurance period from March 17, 2015 to March 16, 2016, and the comprehensive risk of F’s assets, machinery risks, and general compensation located in Incheon Jung-gu, Jung-gu, Incheon. (2) On January 30, 2015, Defendant B and the insured between Defendant C and the insured, from February 1, 2015 to February 1, 2016, the Plaintiff concluded a business liability insurance contract with the maximum insurance amount of KRW 300,000,000 per large-scale accident.

Article 12 (Safety Control) Defendant B shall assume all civil and criminal responsibilities with respect to safety accidents within the scope of the terms of the entrustment of work entrusted by the F and safety accidents caused by the negligence of the employees employed by the Defendant B. Article 13 (Liability for Compensation) (1) In the event that Defendant B inflicted damage on the employees of F or F related companies, third parties, etc. due to a delay in work or safety accident caused by shortage of personnel or negligence in the course of providing services, Defendant B shall take all compensation at the expense of the Defendant B.

2) On January 23, 2015, Defendant B and the agent of Defendant B or the employee of Defendant B entered into a work consignment agreement (hereinafter “instant consignment agreement”) with respect to container work using T/C (including MTW) and MTW (including shower) carried out in F between Defendant B and the Defendant B on January 23, 2015, with respect to any loss of F arising from the intention, negligence, negligence, negligence, and any other reason, etc. of the agent of Defendant B or the employee, and the main contents of the instant consignment agreement relating to the instant case are as follows.

B. (1) On March 20, 2015, around 17:14, 2015, Defendant B’s H from F 1F G driving a franchiseer and operate a franchiseer (hereinafter “victim”).

(i)K Twitler vehicles on board (hereinafter referred to as “victimed vehicle”)

(i) the administration rules (first, e.g., over) shall be applied in the course of inserting up containers loaded behind.

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