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(영문) 서울중앙지방법원 2015.07.10 2014나48445
구상금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the plaintiff's claims corresponding to that part shall be revoked.

Reasons

1. Basic facts

A. On August 24, 2009, the Plaintiff entered into a contract for compensation liability insurance for the contractor (hereinafter “instant insurance contract”) with the non-party company, the completion construction company (hereinafter “water construction”), and the subcontractor, respectively, with the insured status from August 24, 2009 to August 23, 201, with the coverage period from August 24, 2009 to August 23, 201, the counter-party of the purchase amount of the insurance amount as KRW 200 million per 1 accident, and the counter-party 1 accident as KRW 200 million per 1 accident.

B. The non-party company and the construction of the completion of construction works are the construction works that newly build reinforced concrete building E with the 2nd underground and the 5th underground floor above the ground surface (hereinafter “instant construction works”) that were ordered by the National Court Administration Office (hereinafter “the instant construction works”). The non-party company and the construction subcontracted the instant construction works to the Dobong-gu Construction Co., Ltd., Ltd. (hereinafter “Y-gu Construction”). Defendant A entered into a construction machinery lease agreement with the Dobong-gu Construction Construction on September 6, 2009, and leased the instant construction machinery pilot as well as the construction machinery pilot at the site of the instant construction works.

C. From October 19, 2009 to October 09, Defendant B, the construction machinery operator of the instant astronomical air, driven the instant tent and was engaged in a ground-based engineering work for soil removal in the vicinity of the site of the instant construction work. However, during around 15:00, Defendant B, who was a construction machinery operator of the instant astronomical air, was in operation of cooming work for a boom (referring to boom booming and minor vehicle movement to meet the central level) and was in contact with the ground at the construction site. In other words, Defendant B, who was in operation of cooming up at least 50 cm with the iron plates set up in advance at the top and the upper part of the construction site, caused accidents where the said tent air boomed up at a level of 50 cm.

(hereinafter “instant accident”). D.

The above vehicles are destroyed by covering four passenger cars parked on the fences outer wall as well as the boom booming boom around the surrounding building and the Han electric power line.

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