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(영문) 서울중앙지방법원 2020.06.05 2017가단5175243
구상금
Text

1. The Plaintiff and the Defendant D Co., Ltd., the taking-off of the lawsuit of Defendant B, are 46,857,692 won, and Defendant D Co., Ltd.

Reasons

1. Facts of recognition;

A. The E Co., Ltd. (E; hereinafter “E”) concluded a comprehensive liability insurance contract (hereinafter “instant first insurance contract”) with the Plaintiff and its administrator, director, shareholder, and employee between May 20, 2015 to May 20, 2016, between the Plaintiff and the company established for the purpose of the manufacture, storage, transportation, and sale of all kinds of gas and gas equipment, including LPG ( LPG). The insured is the non-party company and its administrator, director, employee, and the insured is the amount of legal liability due to physical harm and property damage inflicted on another person due to an accident (excluding the liability borne by the insured due to the Industrial Accident Compensation Insurance, etc.) on behalf of the insured.

B. On July 1, 2011, Nonparty Company entered into a lease agreement with F on the land and one parcel of land owned by Nonparty Company, Nam-gu, Nam-gu, Seoul, and the ground LPG charging station building and charging facility (hereinafter “luminous charging station”).

C. B (hereinafter “Defendant C”) concluded a LPG supply contract with the content that the Plaintiff would be supplied with LPG from F and Gwangju charging station as a collective supplier of liquefied petroleum gas as prescribed by Article 2 subparag. 5 of the Liquefied Petroleum Gas Safety Control and Business Act (wholly amended by Act No. 13089, Jan. 28, 2015; hereinafter “Gas Gas Act”) on March 1, 2014.

On November 19, 2014, Defendant C entered into a gas accident liability insurance contract with Defendant D Co., Ltd. (hereinafter “Defendant Company”) with the insurance period from November 18, 2014 to November 8, 2015, which provides for the maximum amount of compensation per single accident compensation liability, KRW 300 million per large amount of damage liability, KRW 80 million per large amount of damage after death, injury, and KRW 15 million (hereinafter “instant secondary insurance contract”).

(e) F’s staff H on July 3, 2015.

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