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(영문) 제주지방법원 2017.06.09 2016가단8571
공동불법행위에 기한 내부분담금청구등
Text

1. The part of the Plaintiff’s claim for confirmation in the principal lawsuit shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Basic facts

A. On March 30, 2012, the Plaintiff entered into a contract with the Defendant for construction of the second hydroelectric power generation facilities (civil engineering) of the fish reservoir with respect to which the Defendant and the Defendant ordered.

(Period of construction: From April 4, 2012 to September 3, 2012, the construction cost is KRW 264,844,00). The construction contract was part of the construction work for hydroelectric power facilities that the Defendant was implementing. The construction project was to secure reservoirs by laying the pipes from Hansan Ysan to the 2 reservoir for fish generation.

The Plaintiff was in charge of the construction of a ground-breaking construction project to make the start during the entire construction project (hereinafter “instant construction project”).

B. On June 10, 2012, around 10:30 on June 10, 2012, A driven a BYFIS car (hereinafter “instant vehicle”) and proceeding from the galside of the 1100 road to the galside of Jeju Island, and depart from the right bend to the right bend, and there was a traffic accident falling short of 9 meters below the surface of the instant construction site, and there was a traffic accident falling.

(hereinafter “instant accident”). Due to the instant accident, C, a passenger, died during emergency treatment, and D, E, and A suffered injury.

C. Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tropic fire”) is an insurer who has concluded a comprehensive automobile insurance contract with Hashes and the instant vehicle owned by it.

Samsung Fire paid KRW 135,519,400 to the deceased's bereaved family members in terms of medical expenses and agreement until November 14, 2012, and paid KRW 191,410,320 in the name of medical expenses, etc. to D on August 26, 2013.

Samsung Fire filed a lawsuit with the Jeju District Court No. 2013No33804 against the Plaintiff and the Defendant, the joint tortfeasor, against the sum of KRW 326,929,720 paid as above ( KRW 135,519,400, KRW 191,410,320).

The court in charge of the suit for indemnity seems to have been involved in the issue in the process of balc manipulation or the driver's negligence in the occurrence of the instant accident, but this is the case.

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