1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into a contract with the Korea Financial Cooperative and employer liability insurance with C Co., Ltd. (hereinafter “C”), and the Defendant is an insurer who entered into a business liability insurance contract with the E and F sowing machine (hereinafter “instant sowing machine”).

B. C leased the instant searcher from E (F: H) on September 21, 2016 for the purpose of the construction of the instant construction project, G C’s monthly water transfer pipe located in Seo-gu, Seo-gu, Chungcheongnam-gu (hereinafter “instant construction”).

C. On May 7, 2017, around 09:00, C’s employee I (hereinafter “the deceased”) who had been engaged in work at the instant construction site intended to put the instant excavation search machine into the mast in the masts. On the ground that the article (H affiliated) of the instant excavation search machine did not yet work, and that the instant excavation search machine was in the state of sticking at the time of the instant excavation search machine, and that C requested L, an engineer of other excavation search devices (K affiliated with the J) leased by C, to drive the instant excavation search machine.

L, as a result of the deceased’s reception, was killed by shocking the deceased on the part of the cancer of the refratter of this case during work.

(hereinafter “instant accident”). D.

On March 20, 2018, the Plaintiff paid consolation money of KRW 57,400,000 to the bereaved family members of the deceased (the standard amount shall be KRW 70,000,000, and the amount calculated by deeming the deceased’s negligence as 30%) as insurance money and agreed with the bereaved family members.

E. As to the instant accident, C was convicted of the violation of the Occupational Safety and Health Act, L was convicted of occupational negligence resulting in death (Cheongju District Court 2018 Godan173), and the said judgment became final and conclusive.

C. The following facts are as follows:

(C) M, which is a safety and health manager of the contractor C, is in contact with the relevant excavated machine in order to prevent the danger of workers when the workers under his/her jurisdiction work using the excavated machine, which is a vehicle-based construction machine.