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(영문) 대전지방법원 2020.02.12 2018가단223419
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into each mutual-aid insurance contract regarding H vehicles between the Plaintiff and the Plaintiff, as to F vehicles, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of a cargo stack terminal located in Daejeon International (hereinafter “instant terminal”).

B. On August 1, 2013, Defendant B: (a) concluded a contract term with Defendant C during the contract period from August 1, 2013 to May 31, 2014; and (b) concluded a contract for the instant terminal’s on-site operation en bloc; (c) on June 1, 2014, Defendant D entered into a contract for the instant terminal’s on-site operation by setting the contract term from June 1, 2014 to May 31, 2015.

C. On October 26, 2013, at the top of the instant terminal: (a) around 04:40 on October 26, 2013, the J, who was working on the said vehicle, sustained injury from the said vehicle while being moved to the future to close and start the door of the vehicle by receiving notice of the completion of the regular vehicle from the voice broadcasting after completion of the regular vehicle operation.

(hereinafter “instant accident 1”) D.

On October 23, 2014, at around 22:00, K was injured by shocking K, which was going to park in the spare k of the instant terminal while the instant H vehicle was parked in the spare k.

(hereinafter “instant accident No. 2”) e.

The Defendant paid K 42,229,090 won as insurance money until February 24, 2014 with respect to the accident No. 1, and paid K 355,465,140 won as insurance money until February 22, 2018.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6 (including branch numbers in the case of additional numbers), Eul evidence 1, 2, Eul evidence 1 and 2, and the purport of the whole pleadings]

2. Plaintiff’s assertion and judgment

A. The Defendant B, the owner of the instant terminal, is primarily responsible for the safety of the instant terminal, and Defendant B, as preliminary, is responsible for the on-site operation of the instant terminal.

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