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(영문) 서울중앙지방법원 2018.12.07 2018나43189

구상금

Text

1. The judgment of the court of first instance is modified as follows.

2. The Defendant: (a) KRW 16,167,10 on February 7, 2015 to the Plaintiff; and (b)

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that operates the industrial accident compensation insurance business entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and the Defendant is the owner of a cleaning work vehicle A (hereinafter “A”), and the public official of the Defendant is the driver of the above harming vehicle B.

B. At around 10:30 on March 19, 2014, C, an employee of the Defendant, (hereinafter “victim”), was under the process of collecting waste light at a closed light parking lot located in Gangdong-gu Seoul Metropolitan Government D, and was under the process of removing waste light, etc., the Defendant, who was a public official of the Defendant, was placed at the time of loading a melting vehicle to remove waste light light light, etc., and was placed at the time of the loading of a melting vehicle in order to adjust the melting light light, etc., and the above B was under the wind to depart from the melting vehicle (hereinafter “instant accident”).

C. As a result of the instant accident, the person suffered injury to the victim, such as brain-dead, fluoral salt, luoral salt, the left-hand salt base, the left-hand salt base, the left-hand salt base, and quantantantates after cerebral fever.

The Plaintiff recognized the injury of the victim caused by the instant accident as occupational accident, and paid the victim insurance benefits under the Industrial Accident Insurance Act to the victim as follows:

(Final Payment Date of February 6, 2015). Medical care benefits of KRW 5,765,190 for temporary layoff benefits of KRW 19,115,060 for disability benefits of KRW 5,625,080 for the benefit of KRW 5,625,080 for the benefit of KRW 5,00 for the benefit of the final payment date of KRW 5,765,19

2. Determination

A. According to the facts of the determination as to the cause of the claim for damages and the occurrence of the right to indemnity (1) the accident in this case occurred due to the negligence of departing from the vehicle for the first time without fulfilling such duty of care when B, who is the driver of the harming Vehicle, departs from the harming Vehicle or the loading box of the harming Vehicle. However, the accident in this case occurred due to the negligence of departing from the harming Vehicle without fulfilling such duty of care. Accordingly, the accident in this case is concerned.