logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.13 2018가단5084597
구상금
Text

1. Defendant C Co., Ltd.: (a) KRW 53,762,33 of the Plaintiff and 5% per annum from March 31, 2017 to May 28, 2018.

Reasons

1. Basic facts

A. The Plaintiff, a corporation that runs various insurance business, including non-life insurance business, concluded a comprehensive insurance contract for construction equipment prescribed by D Company E, from November 5, 2015 to November 5, 2016, for D representative E, kicker (F, mk80/8 tons, hereinafter “instant crane”), and insurance period.

B. Defendant B (hereinafter “Defendant B”) was the contractor of the Dong-gu G Corporation in Gwangju-si (hereinafter “instant construction”). On May 6, 2015, Defendant C Co., Ltd. (hereinafter “Defendant C”) and the instant construction, which entered into a subcontract with the Plaintiff C (hereinafter “instant construction”) by setting the construction cost of KRW 1,749,00,000 among the instant construction works.

C. Defendant C entered into a lease agreement with D Representative E, and the instant scraper at the construction site of this case, and the construction was conducted using the instant scraper.

On November 23, 2015, at the instant construction site on November 16:14, 2015, D employees conducted the development of building materials pursuant to Defendant C’s new name, the head of the Working Group, Defendant C, using the instant artist. However, there was an accident that the boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom 3, 2015 (hereinafter “instant accident”).

E. J Co., Ltd. concluded the instant insurance contract with the pumps of this case as 70% of the negligence of the pumps of this case causing the instant accident, and calculated the Defendants’ negligence as 30% of the negligence of neglecting the on-site safety management liability. Under the premise of the aforementioned negligence ratio, the Plaintiff paid insurance proceeds to E on March 30, 2017 (i.e., KRW 53,762,333 under the instant insurance contract (i.e., the insurance proceeds paid by the Plaintiff 179,207,778 x 30% of the insurance proceeds paid by the Plaintiff).

[Ground of recognition] Unsatisfy, A(1) through (3)

arrow