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(영문) 서울중앙지방법원 2019.11.01 2019나19794
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the following amount.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company that performs the F&D (hereinafter “new construction of this case”) located in Busan-si E, and the Plaintiff is a mutual aid business entity that entered into a construction mutual aid agreement with D regarding the new construction of this case.

B. Defendant C Co., Ltd (hereinafter “Defendant C”) is an insurer who entered into an automobile insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for business purpose with respect to G concrete pumps (hereinafter “instant pumps”).

C. D subcontracted to H Co., Ltd. (hereinafter “H”) the instant new construction works with the steel reinforced concrete construction works (hereinafter “the instant steel reinforced concrete construction works”), and H leased the instant pumps from Defendant B, along with I, for the purpose of performing concrete building works at the new construction site of this case.

At around 11:00 on August 16, 2017, when the new construction site of this case took place with the pumps of this case to build concrete in the outer retaining wall of the sixth floor of the building, one-name "self-boo" (hereinafter referred to as "self-boo") connected to the boom boom of the pumps of this case was destroyed, and concrete was leaked. At the J apartment parking lot adjacent to the new construction site of this case, the said concrete was destroyed and contaminated (hereinafter referred to as "the instant accident").

E. On November 28, 2017, the Plaintiff paid KRW 19,282,143 as mutual aid money after deducting KRW 10,000,00,000 corresponding to the beneficiary’s own shares out of the said damages. D spent KRW 10,108,636 in excess of the amount of the said self shares as damages.

[Ground for recognition] A.

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