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(영문) 서울중앙지방법원 2017.05.26 2016가단5190733
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 defendant Ansan-si refers to the "the construction of this case" to the defendant Dae Chang-si Co., Ltd. (hereinafter "the defendant Dae-si") "the road package work from the 2nd to the 2nd 1st son."

The contract was made by the Defendant Dae Chang Construction Co., Ltd., and the Defendant Dae Chang Construction Co., Ltd. is called "Madong Construction Co., Ltd."

On May 20, 2015, the construction of earth and sand and structures among the above construction works, and the sub-subcontracted the construction of water and sewage systems on December 15, 2015.

B. In order to carry out the re-subcontracted construction, the construction is "the river of this case, which is a local river".

In order to remove an existing bridge, a person installs a fume for drainage while temporarily installing a new bridge with soil and installing a temporary mobile passage. On March 5, 2016, the accident of this case is "the accident of this case," where river water flown into a vinyl owned by B in a river located in A due to inundation, and water flown by the fume, etc. on the ground that the river flown away from a storm, etc. on March 5, 2016.

(c) The Plaintiff is an insurer who had purchased liability insurance for a contractor with a specialized construction mutual aid association as the insured on June 15, 2016. The Plaintiff paid KRW 49.7 million to the victim B due to the instant accident [based on recognition], which is not disputed, and Party A’s Nos. 2, 4, 5, 9, 10, Eul’s evidence Nos. 1, 2, and 5, Eul’s evidence Nos. 1, 2, and 1 (including household numbers, images, and the purport of the entire pleadings).

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (1) as the original recipient of the instant construction project, the Defendant Dae Chang-si, as the recipient of the instant construction project, received official questions about the construction from the Defendant Ansan-si, adjusted the schedule of the construction project; (2) reserved the right to specific direction and supervision, such as granting prior approval on materials, materials, and construction plans necessary for the construction site, while supervising the construction site of the optical Dong-dong construction project; and (3) on the fume of the temporary mobile passage installed by the Minedong Construction.

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