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(영문) 광주고등법원 2015.04.22 2014나10839
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

(2) Defendant A is a construction machinery that is included in an automobile under the Guarantee of Automobile Accident Compensation Insurance Act of E in the instant accident, as seen below, at the time of the instant accident.

(Article 2 subparag. 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter “the Aircraft”) is the driver of the Aircraft, and Defendant B is the owner of the Aircraft, who is the user of the Defendant A, and Defendant Korea Commercialized Damage Insurance Co., Ltd. (hereinafter “Defendant Korea Commercialized Damage Insurance”) is the insurer who entered into an automobile insurance contract with Defendant B with the insurance period from August 25, 2009 to August 25, 2010.

B. The instant accident No. 1) Construction Co., Ltd. (hereinafter “instant construction”) extension construction works for D military plant CD military plant (CA) plant (Plant) located in Gunsan-si (hereinafter “instant construction work”).

(2) The supply of and demand for the plant, a corporation (hereinafter referred to as “afforested plant”).

(2) On July 17, 2010, Defendant B subcontracted part of the instant construction work to the Plaintiff, etc., and Defendant B entered into a lease agreement with Defendant A, along with his driver, to lease the instant climate to KRW 10,000,000 per month.

Around that time, the infant industry, Defendant A and the instant aircraft, were put into the construction site of this case and carried out the instant construction work.

3) The drying plant is F on August 1, 2010 (hereinafter “F”)

(4) On September 9, 2010, Defendant A entered into an employment contract with a daily allowance of KRW 150,000, and the victim worked for the mechanical installation machinery of a dry plant at the instant construction site from August 2, 2010. Defendant A entered the instant construction site at the instant construction site at around 08:00, with a volume of 4m to 5m from September 9, 2010, and transported the case to the left-hand side while transporting it to the left-hand side.

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