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1. The part of the judgment of the court of first instance against Defendant B is revoked.
2. The Plaintiff and Defendant B, among the instant lawsuits.
Reasons
1. Facts of recognition;
A. The Plaintiff is a special corporation established with the aim of contributing to the protection of workers by compensating workers for occupational accidents promptly and fairly under the Industrial Accident Compensation Insurance Act and by establishing and operating insurance facilities necessary therefor, and by carrying out projects for preventing accidents and for promoting workers’ welfare.
(2) Defendant A Co., Ltd. (hereinafter “Defendant A”) and Nonparty C Co., Ltd. (hereinafter “C”) are companies that entered into an elevator maintenance contract on April 5, 2013 with E Co., Ltd. with respect to the elevator installed within the “F warehouse” of Nonparty E Co., Ltd. located in Scheon-si D (hereinafter “instant elevator”).
(3) Defendant B Co., Ltd (hereinafter “Defendant B”) is an insurer of product liability insurance purchased by C with respect to the instant elevator.
B. Around 10:20 on August 23, 2014, Non-Party G, an employee of E Co., Ltd., suffered bodily injury, such as “satisfy, external cerebral cerebral cerebral cerebrovas,” by having the head part of the elevator, which was a facility of the elevator falling short of the instant elevator in the instant elevator gap on board around 10:20 on August 23, 2014.
(2) After the instant accident, H, an employee of Defendant A, inspected the instant elevator on August 25, 2014, which was after the instant accident. The portion of the special article of the “elevator inspection table” written by H, indicated as “car upper BOX BOV repair performance box”.
(3) On October 7, 2014, the Plaintiff decided to recognize the instant accident as an occupational accident. From October 24, 2014 to January 22, 2015, the Plaintiff paid the insurance benefits of KRW 9,756,810 to G in total.
(4) From G, around December 2014, C determines the damages incurred by the instant accident as KRW 370,000 and requests the Defendant B, the insurer, to pay the said amount.