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1. The Defendant: (a) KRW 146,189,852 to the Plaintiff; and (b) 5% per annum from May 4, 2016 to July 14, 2016 to the Plaintiff.
Reasons
1. Occurrence of the right to indemnity;
A. The facts subsequent to the fact-finding can be found either as a dispute between the parties, or as a whole, as to Gap evidence Nos. 1-6, 11, 14 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 2-5, as well as the fact-finding with respect to Gap Co., Ltd. (hereinafter “A”), by considering the whole purport of the arguments.
(1) B, around 11:50 on August 3, 2012, operated a new apartment house construction project on the ground of the Plaintiff (hereinafter “instant construction”) in Busan Young-gu, Busan (hereinafter “the instant construction”) and performed the work of removing the E flag (H-Bam) owned by D at the site of the instant construction project (hereinafter “the instant construction project”) and removal of the E flag (H-Bam). However, even though the boom’s fixed boom was not completely concluded, B removed the instant boom in advance while the boom was operated in the instant base while the boom was removed from the fixed boom of the boom, and the boom was removed from the back board of the instant base to the upper part of the instant base, and the boom’s boom with the head and arms of the boom boom, etc., and caused the instant accident, such as the boom and boom, the instant boom boom, the left part of the boom.
(2) At the time of the instant accident, G was in charge of managing the instant construction site at the time of the instant accident, and the signal numbers did not separately be posted at the place of the instant construction site.
(3) B is a person employed by D who is engaged in the business of leasing construction machinery with the trade name of “H,” and “F is an industrial accident compensation insurance worker (on-site director) affiliated with I Co., Ltd. (hereinafter “I”), a sewage supplier of A, who is an insured worker of the industrial accident compensation insurance purchased by A. The I entered into a contract with D to borrow the aircraft together with “B,” a pilot of the aircraft of this case, and was used in the construction site of this case.
In addition, the defendant (former trade name: ELA damage insurance company) is the case between D and D.