beta
(영문) 수원지방법원 안산지원 2018.10.18 2018가합7303

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 82,213,615, Plaintiff B, C, and D respectively, KRW 49,809,076 and each of the said money. < Amended by Presidential Decree No. 26357, Jun. 30, 2015>

Reasons

1. Basic facts

A. On February 23, 2015, the Defendant entered into a comprehensive motor vehicle insurance contract (hereinafter “instant insurance contract”) with the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) with respect to the Plaintiff’s Kaclass (G; hereinafter “instant class”) owned by the Intervenor, for which the named Intervenor was the Intervenor and the period of insurance from February 23, 2015 to February 23, 2016 (hereinafter “instant class”).

B. On June 30, 2016, H was killed at around 17:10 on the same day after he/she was sent back to the hospital and was receiving treatment, and died on the same day on the same day. Around 17:10 of the same day, he/she was on board the bar pockets installed in the instant cler in the instant cler in the front parking lot of the GJ factory.

(hereinafter referred to as “instant accident”). C.

The assistant intervenor in this case, which was manufactured to write down only goods due to the falling risk, shall not embark a person on the instant cranes, and when the assistant intervenor in this case is engaged in the work to embark a person on the Kasclass pockets, he shall wear a safety cap to the passengers in preparation for the falling risk, and connect the safety belt to the above Kasclass, and even though he has a duty of care to prevent the fall of the above Kasclass by linking the safety altitudes with the above Kasclass and the bars, he neglected his duty of care to prevent the fall of the above Kasclass, and suffered the accident in this case, on December 23, 2015, he was sentenced to the punishment of imprisonment without prison labor for occupational injury or death by occupational negligence, which was sentenced to the Suwon District Court Decision 2015Ra2017, the above judgment was finalized

(hereinafter “instant criminal case”). D.

Plaintiff

A is the spouse of H, and plaintiffs B, C, and D are children of H.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 14, Eul evidence 1 and 2, the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the fact that the occurrence of the liability for damages occurred 1, the accident of this case is the owner of the instant tea.