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(영문) 서울중앙지방법원 2019.01.17 2018가단5114283
공제금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 20, 2005, the Plaintiff entered into a contract with Yangyang-gun for the full-time responsible supervision service on the construction of the Cfriendly-gun D (hereinafter “instant construction”) (hereinafter “instant construction”) conducted by Yangyang-gun (hereinafter “instant construction”) for a fixed period of KRW 200 million and the service period of KRW 36 months.

B. On September 20, 2005, the Plaintiff entered into a compensation mutual aid agreement with the Defendant for damages (hereinafter “instant mutual aid agreement”) between September 20, 2005, with the amount of mutual aid coverage of KRW 178,079,454, and the period from September 21, 2005 to September 20, 2008 (1,096) (hereinafter “instant mutual aid agreement”).

The main parts of the terms and conditions of the instant mutual aid agreement are as follows.

Article 2 (Compensation for Damages) (1) The Mutual Association shall be bound to compensate for any damages arising from the legal liability for damages caused by the subject matter of services or any property damage to a third party as a result of the direct performance of professional occupation duties stated in securities by the beneficiary (including employees of the beneficiary).

(2) The Mutual Aid Association shall compensate for any accident that occurs after the retroactive date stated in the mutual Aid Policy and that first occurs during the period of mutual Aid.

Article 4 (Timing and Termination Date of Liability of Cooperative) (1) Liability of a cooperative shall begin on the first day of the period of mutual aid specified in the mutual aid certificate and end on 24:00 on the last day.

Provided, That the period of mutual aid security for each service contract shall begin from the commencement date of construction to the completion date of construction.

(2) The Cooperative shall compensate for damages filed within 60 days after the expiration of the period of liability for mutual aid due to any accident that occurs during the period of mutual aid referred to in paragraph (1).

Article 5 (Scope of Damage Compensation) The damages covered by the Cooperative shall be as follows:

(1) The legal term pool of damage compensation paid by the beneficiary to the victim means a specialized occupation, professional occupation, or occupation, of the beneficiary.

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