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(영문) 서울중앙지방법원 2020.12.22 2019나81171
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a business liability insurance contract with D Co., Ltd. (hereinafter “D”).

B. Around 15:30 on July 20, 2017, at the construction site of the F Apartment Company G apartment located in Singu, E (hereinafter “M”) had been operating by D’s staff J in accordance with the employee I’s new title of the Defendant B Co., Ltd. (hereinafter “Defendant B”), and at the location adjacent to the 6th unit of the other company (hereinafter “Defendant C”), C Co., Ltd. (hereinafter “Defendant C”), operated by Defendant C Co., Ltd. (hereinafter “Defendant C”), the lessee of the fiveth unit, the lessee of the other company (hereinafter “M”), but conflict with the other 5th unit of the wing, the wing at the same time during the wing 6th unit of the other company.

(hereinafter referred to as “instant accident”). C.

M, after performing the work to replace the 6th metre in the instant event, he claimed KRW 50,890,000 to the Plaintiff. The Plaintiff paid KRW 29,534,000 on April 26, 2019 to M as insurance proceeds.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The plaintiff asserted that the accident of this case paid KRW 29,534,00 as insurance money. The defendant's fault ratio as to the accident of this case constitutes 60%, and the defendants are jointly and severally liable to pay KRW 17,720,400 to the plaintiff and delay damages.

3. Determination

A. According to the above facts of recognition, the defendants are users of each signal number for the other reporters 5 and 6, and the signal numbers of the other reporters are obliged to instruct whether the other reporters operate and the scope of their operation so as not to conflict.

However, in the course of moving of a person in charge, I, L will conflict with another person's movement.

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