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1. The Defendants jointly and severally, KRW 7,140,00, and Defendant Samsung Fire and Marine Insurance Co., Ltd. KRW 51,60,000 and KRW 51,600.
Reasons
1. Basic facts
A. Nonparty Hyundai Construction Co., Ltd. received orders from the Korea National Housing Corporation for three tools of apartment construction works in the Sungnam School District, and subcontracted the instant construction works to Nonparty 1 Co., Ltd. (hereinafter “Masan Engineering”) on the apartment site B (hereinafter “instant construction”) among the construction works ordered.
B. On January 6, 2009, the insurance period is from January 6, 2010 to January 6, 2010, the Plaintiff entered into an insurance contract for guaranteeing workers’ disaster (hereinafter “instant insurance contract”) with the content of the terms and conditions of the insurance contract, the terms and conditions of the insurance contract for guaranteeing workers’ accident, the terms and conditions of the insurance contract for guaranteeing employers’ damages, the maximum amount of compensation per capita KRW 100 million per person, and the additional terms and conditions of the insurance contract for guaranteeing employees’ accident compensation, the special terms and conditions of the insurance contract for guaranteeing employers’ damages, and the terms and conditions of the above contract as follows.
Article 5 (Compensation for Loss) of the General Terms and Conditions for Workers' Accident Compensation Insurance (Compensation for Loss) ① The Plaintiff shall compensate for the loss borne by the insured due to an occupational accident occurred to the insured worker in accordance with this and the Special Terms
Article 19 (Apportionment of Insurance Money) (1) Where there are other contracts (including mutual aid contracts) guaranteeing the same risk as the risk guaranteed under this contract, if the joint contract of insurance money calculated by deeming each contract as not having any other contract for each contract exceeds the amount of accident compensation under Article 5 (Compensation for Loss), the plaintiff shall calculate the insurance money to be paid as follows:
The amount of accident compensation under Article 5 】 (total amount of insurance proceeds under this contract ± the amount of insurance proceeds calculated respectively by deeming that no other contract exists) Article 1 of the General Terms and Conditions for Guarantee of User Liability (Compensation) (1) Damage under Article 5 of the General Terms and Conditions that the plaintiff bears.