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(영문) 서울중앙지방법원 2017.03.28 2015가단5339531

구상금

Text

1. The Defendant’s KRW 71,693,638 as well as the Plaintiff’s annual rate from July 31, 2014 to March 28, 2017.

Reasons

1. Facts of recognition;

A. On June 1, 2013, the Plaintiff: (a) the Specialized Construction Mutual Aid Association and the insured; (b) the period of insurance from June 1, 2013 to June 1, 2014; and (c) the maximum amount of compensation KRW 100 million per person; and (d) the amount of compensation per accident; and (e) the Plaintiff is liable to compensate for losses incurred by the insured’s burden of legal liability exceeding the maximum amount of compensation for accidents under the Industrial Accident Compensation Insurance Act (hereinafter “instant liability insurance contract”).

2) The Defendant is an insurer that entered into an automobile insurance contract with Hodo Construction Machinery Co., Ltd. (hereinafter “instant automobile insurance contract”) using A concrete pumps (hereinafter “instant vehicle”).

B. 1) In the event of the instant accident, Pyeongtaek General Construction Co., Ltd. carried out concrete building works among the facility repair works in Namyang-gu Motor Vehicle, and B works for the said construction site as a concrete building building hole. B) around 21:50 on August 19, 2013, while b laid down a boom for boom of the instant vehicle that was put into the said construction site and building concrete, the ground under the parking lot of the said vehicle (i.e., a single boom), which led to the booming of the said vehicle, caused the said vehicle to fall short of B, and thereby, B suffered from the booming of the alley part and the booming of a closed plele.

C. The Korea Workers’ Compensation & Welfare Service paid B the instant accident KRW 18,641,280 as temporary layoff benefits for industrial accident compensation, and KRW 41,157,510 as disability benefits, and KRW 6,424,00 as disability benefits. 2) The Plaintiff considered B’s fault in the instant accident as 10%, and (i) considered B’s fault in the instant accident as 2,574,000 out of KRW 2,860,000, 104,76,057, 104,776,057, 90% of the total amount of disability benefits, excluding the amount incurred during the period of medical care, minus KRW 6,424,00.