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(영문) 서울중앙지방법원 2019.01.15 2018나57997
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is a company that engages in construction business, equipment construction business, etc.

B. At around 09:00 on June 23, 2017, the Defendant, while performing the steel framed work using paints at E construction sites located in Spocheon-si (hereinafter “instant construction site”), was unable to exhaust the finite dust on the overall surface of the parts of various vehicles, such as the Plaintiff, who was parked in the main building located in the construction site near the instant construction site, and was parked on the road parking lot in the main building located in the neighboring unit of the instant construction site.

(hereinafter “instant accident”). C.

On July 26, 2017, the Plaintiff paid insurance proceeds of KRW 8,240,000 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers) and the purport of the whole pleading

2. Judgment on the plaintiff's claim

A. According to the above fact of recognition of the liability for damages, the instant accident occurred by the Defendant who did not take such measures, despite the fact that the instant accident was negligent in the failure to take such measures, even though it is necessary to ensure that the instant accident does not cover the amount of dust in the course of painting work, and that the vehicles are not parked in the area that is likely to reach the dust in advance.

Therefore, the defendant is liable to compensate for damages incurred to the plaintiff's vehicle due to the accident in this case.

In regard to this, the Defendant requested the Republic of Korea, who is the ordering owner of the construction site of this case, to bring the steel frame into the construction site after painting the construction site of this case, but it did not approve it in the Republic of Korea, and the Defendant was forced to do so at the construction site of this case without any choice. In addition, even if the Defendant requested the person in charge of the construction project of this case to prevent the movement or parking of vehicles near the construction site of this case before carrying the seal, in order to prevent the damage to the paint.

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