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(영문) 서울남부지방법원 2017.12.07 2016나61509

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount of additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the B excavation vehicles owned by A (hereinafter referred to as the “the instant excavation vehicles”), and the Defendant is a business entity who manages and supervises the work of collecting and transporting the cryr, which was used in the “G Corporation” at the open storage area located in Pyeongtaek-gun D (hereinafter referred to as the “accident site”).

B. A’s husband, and C, the driver of the instant excavation machines, concluded a lease contract with the Defendant, and formed an agreement on December 15, 2006, which was loaded on a 5 tons truck of E driving at the site of the instant accident on December 15, 2006, caused the victim to incur injury to “the victim F, who was in the course of installing a street tree at the place where the booms are cut down, by booming the mobile boom, which was moving to the camping place, while booming up the instant boom, which was moving to the camping place, while booming off the instant boom, while moving to the camping place, and booming down the boom of the victim F, who was in the course of installing a boom at the bottom of the booming place.”

C. Temporary workers E and the victim, the head of the working group affiliated with the defendant, who were receiving a daily allowance from the defendant and complying with the defendant's direction, transported the franchis to the loading and unloading place by collecting the franchis at the landslide scene and combining them with 20 iron bars. C waiting at the loading and unloading place, which is connected with the instant franchising franchiscing, is carrying out the work of promptly combining the franchiscing franchiscing, which is moving to the loading and unloading place, and the victims play the role of designating C as the recipient of the franchiscing location at the loading and unloading place, while installing franchiscing to support the franchiscing.

The Korea Workers' Compensation and Welfare Service shall pay medical care benefits, temporary disability compensation benefits, injury-disease compensation annuities, etc. to F as victims of industrial accident.