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(영문) 서울중앙지방법원 2016.11.24 2015나73417
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

The Defendants are jointly and severally.

Reasons

1. Basic facts

A. On August 24, 2009, the Plaintiff entered into a contract for compensation insurance for the contractor (hereinafter “instant insurance contract”) with the insured as the owner of Dok Construction Co., Ltd., Credit Construction Co., Ltd., Ltd., and each sub-contractor from August 24, 2009 to August 23, 2011, setting the insurance coverage amount as KRW 200 million per 1,000,000 per substitute, and KRW 200 million per 1 accident.

B. Construction Co., Ltd. is a contractor of construction of reinforced concrete building E on the ground and the fifth floor above the ground, which was ordered by the National Court Administration Office (hereinafter “instant construction”), and subcontracted the part of the instant construction to the Dobong-gu Construction Co., Ltd. as to the earth construction during the instant construction.

C. Defendant A, who conducts construction machinery rental business, entered into a construction machinery lease agreement with the Dobong Ho Construction Co., Ltd. on September 6, 2009, and leased C,000 air (hereinafter “the instant astronomical air”) at the construction site of this case, along with construction machinery pilots from September 7, 2009.

Defendant B, the operator of construction machinery, was driving the instant tent and was engaged in the ground-based engineering work for soil cutting in the vicinity of the instant construction site on October 19, 2009. At around 15:00, Defendant B, the operator of construction machinery, there was an accident in which the instant tent had contacted the ground at the construction site, i.e., the part that the instant tent had contacted with the site of the construction site, among the string work to build accurate tent positions (a boom adjustment and small vehicle movement to meet the central level) around 15:0.

(hereinafter “instant accident”). E.

In the instant accident, physical damage, such as destruction of boom boom boom around the building and the Han electric power line, and the car parked on the pents outer wall, occurred, and the head G of the neighboring F childcare center and H receive treatment by suffering from mental shock.

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