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(영문) 서울중앙지방법원 2018.11.20 2018나22076
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is an insurer who entered into a business indemnity insurance contract (including a special agreement on the contract for the damage compensation of the contractor) with the content of 100 million won per accident coverage from November 2, 2015 to March 31, 2016, and the Defendant is a person who carries out the business of mutually moving clicker in the name of “B”.

B. On November 21, 2015, the Defendant entered into a contract for the use of a mobile cler, and around 11:00 on November 21, 2015, at the urban-type residential housing construction site constructed by the Jung-gu Seoul Metropolitan Government Jung-gu Seoul Metropolitan Government, installed a stringle for the support of a mobile cler for the purpose of lifting the type frame material at the site of the construction of a new urban-type residential housing construction site, and used a mobile cler, raising a type of mold material by using a mobile cler, while the booms fall below the ground, and the boom cler’s boom cler’s boom cler’s boom cler’s boom at the vicinity of the urban-type residential housing construction site (hereinafter “instant accident”).

However, the place where the Defendant installed a arche for the purpose of supporting mobile strawers was a place where F.R.P. septic tanks of new buildings were laid underground, and the Defendant was in the state of flat work with soil at the time of the instant accident.

C. By March 10, 2016, the Plaintiff paid KRW 12,700,000 as insurance money for losses incurred to E and G due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff 1’s assertion by the parties led the Plaintiff to install a ice gate on the land where the septic tank was laid for the convenience of the work, the instant accident occurred, while the Defendant installed a ice gate on the land where the septic tank was laid for the convenience of the work.

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