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(영문) 서울중앙지방법원 2019.01.21 2018가단5041446
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2016, Defendant B Co., Ltd. (hereinafter “Defendant Company”) was awarded a contract for reinforced concrete construction works of Section 7 at the construction site as of April 10, 2016 from E, F, and G (hereinafter “Co., Ltd.”) a joint contractor for D apartment construction works (hereinafter “instant construction works”) at the time of Jinju implemented by the Korea Land and Housing Corporation.

B. On April 15, 2016, the Defendant Company leased I concrete pumps (hereinafter “instant pumps”) from H to use the said pumps to the site and used the said pumps.

C. E was an article belonging to the J Company to the Lessee from J Company (hereinafter referred to as the “Defendant”) on the condition that the article of the J Company would drive the Defendant Company.

On November 21, 2016, the Defendant C, an employee of the Defendant Company, requested Ndong to move the instant tea from Ndong to Ldong for the purpose of life-long maintenance of steel bars in Ldong.

At the above request, M had been stopped within the working group of the other worker while sending the instant boom. The boom boom of the pumps of this case, which had been stopped in the landscape of the other worker.

(hereinafter “instant accident”). D.

Due to the instant accident, the amount of damages sustained by H, the owner of the instant pumps, was KRW 5,400,000, in total, including the repair cost of KRW 11,900,000,000, and the annual leave fee of KRW 40,000 during the repair period of KRW 3,50,000, and the J and H agreed to pay the said money as legal damages on December 22, 2016.

E. Meanwhile, the Plaintiff entered into a business liability insurance contract with J company as “insurance period: from October 23, 2016 to October 23, 2017; the subject matter of the insurance: the instant cater, insurance amount: KRW 300,000, and self-paid KRW 300,000,000.” Since the instant accident occurred during the insurance period, the Plaintiff was to H until January 11, 2017.

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