logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.04.17 2017가단252820
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. Facts of recognition;

A. On March 23, 2016, the Plaintiff entered into an insurance contract for leased vehicles (hereinafter “instant insurance contract”) with D Co., Ltd. with respect to concrete pumps (registration number E; hereinafter “instant pumps”), setting the insured amount from March 23, 2016 to March 23, 2019 as KRW 450 million for the loss security of the leased vehicle (hereinafter “instant insurance contract”).

B. Defendant B (hereinafter “Defendant B”) is the contractor of the F apartment construction (hereinafter “instant construction”) at the time of Pakistan, and Defendant C Co., Ltd (hereinafter “Defendant C”) is the company that subcontracted the instant construction from Defendant B.

C. Nonparty G leased the instant pumps to Defendant C along with Nonparty H, a construction machine pilot, at the instant construction site. On June 11, 2016, H operated the instant pumps and performed concrete strawing work by driving the instant pumps on or around 15:30, the occurrence of an accident involving the Plaintiff’s vehicle transfer (hereinafter “instant accident”).

On January 26, 2017, the Plaintiff, the insurer, paid KRW 45 million to D Co., Ltd., and recovered KRW 87,265,00 from the proceeds of realizing remaining property.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 6, and 7, the purport of the whole pleadings

2. Defendant B’s assertion that the construction site of this case did not take appropriate measures despite compliance with the safety conditions of the pumps of this case in accordance with the standards for the prevention of industrial accidents under the Occupational Safety and Health Act. Defendant C did not perform its duty of care as the lessee of the pumps of this case.

Therefore, the Defendants are obliged to pay to each Plaintiff the amount of indemnity of KRW 158,867,50 equivalent to 50%, which is the negligence ratio of the Defendants, out of the damages caused by the instant accident.

3. Determination

A. The instant case.

arrow