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(영문) 인천지방법원 2018.06.22 2016가단253463
보험금
Text

1. The Defendant’s KRW 42,097,160 as well as the annual rate of KRW 6% from September 28, 2016 to June 22, 2018, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiff, a person engaged in construction machinery rental business under the trade name of “C”, is D Scarnian 24 tons dump truck (hereinafter “instant damaged vehicle”).

2) The Defendant is the owner of the Plaintiff’s Intervenor’s 25 tons dump truck owned by the Plaintiff’s Intervenor (hereinafter “instant dump truck”).

(2) On December 21, 2015, the insurance period of the KB Automobile Insurance Contract for KB business, and Article 8(3) of the General Terms and Conditions of KRW 100 million, the maximum amount of the damage caused by the ground subsidence is one of the damages not compensated for property damage. The Plaintiff’s assistant insurer is the insurer who entered into the contract. (2) The Plaintiff’s assistant owner entered into a contract with the YGG G aggregate located in the YY-gu Seoul, Gangnam-gu, Seoul, for transporting soil and sand generated at the site of new construction of the FG apartment (hereinafter “the instant aggregate site”).

3) On September 28, 2016, at around 09:00, I driven the instant Maritime Vehicle and arrived at the instant aggregate site. The instant accident refers to an accident in which the said Maritime Vehicle ceases to be balanced and goes beyond her driver’s seat while standing and standing on the ground that the instant Maritime Vehicle was parked and loaded in order to load her rocks in accordance with the direction of the Signals, G Co., Ltd. (hereinafter referred to as “instant accident”).

(4) The signal number on the instant aggregate, which is a construction waste interim disposal site, plays a role in guiding the lower point so that the truck does not wear or fall off in the course of cutting off the raw rocks, etc. loaded on the truck.

5 immediately before the instant accident, I stopped in order to drop off the rocks, and the signal number J told that the truck was driven, and I, who did not have the truck driving career, thought that “I would be fright but fright to fright,” and did not take any measure, such as complying with the horizontal of the truck.

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