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(영문) 서울중앙지방법원 2017.10.31 2016가단5159534
구상금
Text

1. Defendant A: (a) KRW 29,375,00 for the Plaintiff and 5% per annum from August 27, 2010 to October 31, 2017; and (b) November 1, 2017 for the Plaintiff.

Reasons

1. Basic facts

A. At around 08:30 on February 2, 2009, Defendant A, while driving a DNA excavation machine at the Khang-si Joint Cemetery Maintenance Project site and taking a step behind the direction shift, Defendant A suffered bodily injury, such as sublime bones, by following the E’s right growth of employees of wason Engineering Co., Ltd., which had an engine, and had an engine.

B. The above Corporation was in progress as a result of sewage supply from Multisource Construction Co., Ltd., and E did not have received safety education in relation to the construction work from wason Engineering, and did not receive safety equipment.

At the time of the accident, F, a worker of the same company, was employed at the same time, but the signal number was not assigned separately.

C. The Plaintiff is an insurer who entered into a contract for compensation liability insurance with a specialized construction mutual aid association as the insured, and paid KRW 47,000,000 as insurance money to E on August 27, 2010 on the basis of the assessment of the load damage insurance company.

The amount was calculated by evaluating E's fault in relation to accidents as 20% by recognizing the consolidation rate of E's multi-friendly satisfaction and satisfaction as 29.16% in accordance with the Mabrid disability assessment table.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, the purport of the whole pleadings

2. Judgment on the claim against the defendant A

A. The summary of the party’s assertion 1) The Defendant A, as a driver of the soft machine, suffered injury from E in breach of the duty of care, must compensate the damages as a tort. Since the Plaintiff, the insurer of the wason Engineering, who is responsible for 30% of the accident, was exempted from liability for Defendant A by paying the insurance proceeds of KRW 47,00,000 to the victim E, the Plaintiff must claim for reimbursement of KRW 32,90,000, which is equivalent to 70% of the share of liability. (2) The Plaintiff, as the Defendant A insurance company, concluded an insurance contract and paid the insurance proceeds, and exercised the right of reimbursement against the Defendant A following a series of auxiliary commercial activities.

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