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(영문) 서울남부지방법원 2015.10.20 2014가단230010
구상금
Text

1. The Defendant: 5% per annum from May 23, 2014 to October 20, 2015 with respect to KRW 60,814,021 and the said money to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) B was a facility used by multiple construction machinery rental business operators, including B and Defendant, at the place where construction machinery is constructed at the cycle in Chuncheon City C.

(2) The Plaintiff is an insurer who has been engaged in the business of leasing construction machinery with the name of D in the instant cycle (hereinafter “instant cycle”) and is the owner of the El-type medium machine (hereinafter “instant flag”). F is an employee affiliated with D, and the Plaintiff is an insurer who entered into an insurance contract for construction machinery equipment (hereinafter “instant insurance contract”) with B, setting the insurance coverage period from August 8, 2013 to August 8, 2014 with B as the insurance coverage amounting to 600,000,000 won.

(2) The Defendant, who was engaged in G’s construction machinery rental business using the instant cycle, was in charge of G’s trade name, and was at the risk of putting heavy heavy goods into the part of the instant aircraft owned by B, thereby putting in the lower part of the flag, thereby putting in weight the weight-centered. Carrgwa is possible, and the weight of the instant carrwait was about 10 tons. The Defendant attempted to connect the instant aircraft.

B. From January 6, 2014, around 08:00 on January 6, 2014, F used approximately 10 tons of the 10 tons of the equipment accessories of the Aircraft at the instant cycle, in order to put the Aircraft into the rental site in accordance with the direction of B, an employer, who is the employer.

(2) The F, alone, requested the Defendant who was in charge of the dispatch of the vehicles after attending the instant cycle office on the day when it is difficult for him to drive the vehicles on his own while driving the vehicle, and the Plaintiff returned to the construction machinery lessor who used the cycle and took charge of the dispatch of the vehicles.

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