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(영문) 서울중앙지방법원 2015.07.23 2014나58121
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. From around 2011, B leased a building for ground operation C in Il-dong, Yongsan-gu, U.S. (hereinafter “instant building”) owned by H and carried out the business of printing seals and seals “D” at the same time.

B. On March 2012, the Plaintiff entered into an insurance contract with the instant building and the machinery, fixtures, and movables located therein as the subject matter of insurance, and the insurance period from March 30, 2012 to March 30, 2017, in the event a fire, etc. occurs with respect to the subject matter of insurance, the Plaintiff entered into an indemnity insurance contract with the publicly notified large-scale property (hereinafter “instant insurance contract”) with the content that the Plaintiff pays insurance proceeds.

C. On April 26, 2012, P&S engineering Co., Ltd. (hereinafter “P&S engineering”) was contracted out of KRW 108,90,000 for construction works installing solar power plants on one roof of a building located near the instant building from E, which was located on April 26, 2012.

After that, around August 24, 2012, P&S engineering subcontracted the supply and installation work of solar structures during the above construction to the Defendant (the Plaintiff at the time of its trade name: Pung Hometetetec) on the construction cost of KRW 90,000,000 (value added tax separately).

In addition, as between G on the same day, the Defendant provided G with materials, such as solar cell boards, servers, and access teams, and entered into a re-subcontract in which G received the said materials and concluded the re-subcontract in which the steel structure assembly and the distribution line operation during the said construction are conducted, with the price of KRW 6,900,000 (value added tax separately).

E. On September 24, 2012, G directed Co-Defendant A of the first instance trial, who is a daily worker, to install a steel bridge for the inspection of solar power plants in the above construction work, and ordered A to perform the work without being equipped with a fire extinguisher at the work site even though the above work is accompanied by a melting work.

(f) A, on September 24, 2012, buildings for the above construction work at around 13:00.

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