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(영문) 서울중앙지방법원 2017.01.10 2016가단5086988
구상금
Text

1. The Defendant: (a) KRW 26,400,000 for the Plaintiff and 5% per annum from January 20, 2016 to January 10, 2017; and (b) the Plaintiff.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is the construction of the floor of the insured Co., Ltd. (hereinafter “the insured company”) between the specialized construction mutual aid association and the specialized construction mutual aid association.

(2) The insured period from October 7, 2014 to December 31, 2015, is the insurer that entered into a contract of liability insurance for construction machinery business operators to compensate for losses exceeding the amount of compensation paid pursuant to the Industrial Accident Compensation Insurance Act for the insured’s employees by setting the maximum amount of compensation per capita KRW 100 million per accident, and KRW 200 million per accident. 2) The Defendant is an insurer that entered into a contract of liability insurance for construction machinery business operators with B as the owner and driver of a cut-off vehicle A (hereinafter “instant digging machine”).

B. 1) In the event of an accident, the non-party company was awarded a contract for the part of the civil engineering work by Daewoo Construction Co., Ltd., a contractor for the Seocho-gu Seoul Metropolitan Government D Construction, and while carrying out the construction of facilities with soil of underground parking lots, the non-party company leased the instant excavation equipment from B to the construction site (hereinafter “instant construction site”).

2) On September 15:10, 2015, B, at the instant construction site, put in the retaining wall directly (hereinafter “instant work”) with three workers, including the daily workers in the facilities of the non-party company (hereinafter “the network”) and with three workers, using the h beam apparatus of this case, h beam (11m in length, 1m in weight) combined in the middle part of the h beam (hereinafter “H beam”) and carried out the work by carrying the h beam into the retaining wall (hereinafter “the instant work”). On September 15:10, 2015, B, as the last 6th H beam connected to the h beam of the company, she had the employees located at the lower part of the body of the deceased, she contacted the h beam with the h beam’s body by using the h beam equipment of this case so that she can be released to the workers located at the lower part of the h beam.

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