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(영문) 수원지방법원 2019.07.12 2018나64214
구상금
Text

1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.

The defendant.

Reasons

Basic Facts

The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with C as an insured person with respect to DNAS30 vehicles owned by C (hereinafter “C”) (hereinafter “instant vehicles”).

(A) On the other hand, around July 2017, C is a business operator who performs the removal works, etc. at the construction site of a golf course conducted before the F Resident Center in the wife population E (hereinafter “instant construction site”), and the Defendant is a business operator who performs the cutting works at the above construction site.

On July 20, 2017, G, an employee of C, driving the instant vehicle, moving the said vehicle to a slope (hereinafter “instant slope”), and then parked in the part directly abutting on the slope (see attached Form 1) from among the airmen, and around 11:44 on the same day, there was an accident where a tree damaged the said vehicle (hereinafter “instant accident”) due to the shock of the lower part of the said vehicle while the Defendant was working in the instant slope.

(A) On September 1, 2017, the Plaintiff paid to C the total amount of KRW 7,208,000 (hereinafter “instant insurance proceeds”) for physical damages resulting from the instant accident.

(A) 【No. 4’s ground for recognition” did not have any dispute, Gap evidence 1 through 4, Gap evidence 5-1 through 5-3, Gap evidence 6-1 through 3, Gap evidence 7-9’s overall purport of pleading or video, and the whole purport of pleading, and the parties’ assertion that the plaintiff asserted that the plaintiff did not take safety measures such as installing facilities, etc. to confirm that he is under way in the vicinity, such as safety managers, signal numbers, construction guide signs, etc. at the time of the accident in this case, and thereby, G was under way in the slope in this case.

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