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(영문) 서울중앙지방법원 2018.11.08 2017가단5082037

구상금

Text

1. The Defendants jointly share KRW 36,960,00 with respect to the Plaintiff and the period from February 15, 2017 to November 8, 2018.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with E (hereinafter “E”) for workers’ disaster deduction between January 15, 2016 and January 15, 2017.

Defendant B is the number of drivers belonging to Defendant C Co., Ltd. (hereinafter “Defendant C”).

Defendant D’s federation (hereinafter “Defendant Association”) entered into a motor vehicle mutual aid agreement with Defendant C with the term of contract for F Karale (hereinafter “instant cater”) from March 20, 2016 to March 20, 2017.

B. E performed the construction of sub-construction of the H plant in Ulsan-gun G, Ulsan-gun, and Defendant C lent the instant re-building to the said company from October 3, 2016 to July of the same month.

On October 7, 2016, at the above construction site around 09:55, the work of cutting off steel bars processed to load the instant boom operated by Defendant B at the above construction site and moving to the basic construction site of the building. During the steel booming process, the boom booming boom, which connects the boom with the main body of the boom during the steel booming process, has been destroyed and the boom booming away from the boom boom, and the booming of E workers I (hereinafter referred to as “victim”) who were working to connect the boom to the boom around the steel boom at the front of the boom and died from the booming stage of the booming process (hereinafter referred to as “instant accident”). At around 10:42 on the same day, there was an accident (hereinafter referred to as “instant accident”).

C. On February 14, 2017, the Plaintiff assessed the fault of the victim in the instant accident as 20%, calculated consolation money as KRW 52,800,000, and paid the said mutual aid money to his bereaved family members.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 11, Eul evidence 1 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) The following circumstances, which are recognized by the above facts of recognition and the statements in sub-paragraph (1) through (15) of Eul evidence 1, that is, the defendant C shall check and exchange the moving-in-ray ordinarily: