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(영문) 서울중앙지방법원 2016.10.05 2016가단5085657
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 8, 2014, the Plaintiff concluded a construction machinery insurance contract with A and its owned B with the period of KRW 400,000,000, and the period of August 9, 2015. On May 14, 2015, the Plaintiff leased the said period of KRW 80,000 per day, including A’s driver C.

B. C around 13:00 on May 14, 2015, at the Defendant’s request, arrived at the E-site located in Jeonnam-si, and installed the said devices, and began to read the crves labeling, which is the facilities of E, at the Defendant’s request.

C. The Defendant’s employees, upon C’s instruction, prepared to seal the Plaintiff’s employees by putting the Plaintiff with a strong air exhauster, and cut the Plaintiff with a cuter in accordance with C’s instructions, and then, the Defendant’s employees lost weight-oriented weight-oriented weight-oriented weight-oriented weight-oriented weight-oriented weight-oriented weight-oriented weight-based.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion that the defendant had the duty of care to pay attention to prevent the damage of the crypt in the course of the development of the crypter by leasing the crypter in this case. However, at the construction site where the crypter work was not properly performed, the crypter was required to wear the crypter by using the crypter, and the crypter did not accurately notify the weight of the crypter. Since the employees belonging to the defendant violated the duty of care to instruct the crypter so that the crypter could not be lost in the course of human life, it was destroyed by the crypter and the crypter's subrogation and the plaintiff, the lessor, who subrogated the crypter, shall be liable for damages

3. Prior to the determination, the following circumstances are revealed from each of the underlying facts and Gap evidence Nos. 3, 4, and 5.

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