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(영문) 서울중앙지방법원 2018.12.11 2017가단5096289
구상금
Text

1. As to KRW 492,986,849 and KRW 100,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 368,486,849.

Reasons

1. The fact of recognition was confirmed by the Defendant: (a) supplied by the Defendant from A Co., Ltd. (B) (hereinafter “B”); (b) sent C and D, an employee of the Defendant, to the Non-Party Company’s workplace on November 11, 2016; and (c) had C and D conduct melting with the compressed machine; and (b) C et al. performed the work by taking measures to prevent the exposure from spacting to the surrounding inflammable substances.

The representative E of the non-party company set up the opium chip, which is inflammable substance, from the maliium, to the floor of the workplace by Maliium chip, along with F, who is a daily employee at a long distance from the place of work in which C et al. was melting around the workplace.

On November 11, 2016, at around 09:57, C et al. died due to the explosion of Maineineium, and the accident of this case occurred in the building, house equipment, facility machinery, etc. of the non-party company.

The Plaintiff paid KRW 1 billion to the non-party company as the insurer who concluded a fire insurance contract with the non-party company for the total amount of KRW 200,000,000 on December 14, 2016, and KRW 736,973,69 on March 9, 2017, respectively. The Plaintiff paid KRW 36,00,000 on April 27, 2018, and KRW 13,000,00 on July 23, 2018, to the insurer who subrogatedly acquired the right to claim damages from the company that suffered from burning due to the instant accident, as damages according to the court’s compulsory adjustment order.

[Ground of recognition] Facts without dispute, Gap 4 through 10, Eul 11's entries, the purport of the whole pleadings

2. According to the evidence and the facts found above, the accident of this case does not establish the work preparation and work procedures related to the contact, or grasp the current status of the use and storage of Manaiumsium, which is a dangerous substance in the workplace, such as a lusium sium scattering prevention cover or a lusium fire spread.

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