손해배상(기)
1. The part concerning claim for payment of KRW 204,688,578, among the application filed by the plaintiff's succeeding intervenor, shall be dismissed.
2. Defendant.
1. Facts of recognition;
A. On September 13, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) conducted a regular safety inspection on LPG gas storage in the E prison as a gas facility construction and inspection company, and Defendant C, the employees of the Defendant Company, were in charge of all duties at the above work site.
On March 27, 2013, Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a business liability insurance contract with Defendant Company and its insurance period from March 27, 2013 to December 31, 201 of the same year, with the maximum compensation amount of KRW 200 million per capita (hereinafter “instant insurance contract”).
B. At around 11:07 on September 13, 2013, Defendant C used damaged emission control units without confirming the discharge-preventive performance of the exhaust gas discharge pipe installed for the inspection, with two employees of the Defendant Company, while working in the state of the air, as the exhaust gas was laid down on the ground, and the occurrence of an accident involving explosion by the LPG gas discharged therefrom (hereinafter “instant accident”).
C. At the time of the instant accident, the Plaintiff was under the supervision of the employees of the Defendant Company outside of the said LPG gas storage room, but due to the instant accident, the Plaintiff suffered face, arms and fingers, etc., and two employees of the Defendant Company suffered heart images, etc.
In relation to the instant accident, the Defendant Company was sentenced to a fine of KRW 3 million for the violation of the Occupational Safety and Health Act, and Defendant C was sentenced to a suspended sentence of KRW 4 months for the crime of injury caused by occupational negligence (Supreme Court Decision 2014Da727 Decided January 7, 2015), and the above judgment became final and conclusive as it is.
[Ground of recognition] The facts without dispute, Gap's entries in the evidence of subparagraphs 1 through 4, Eul's evidence of subparagraph 1 (including additional numbers), and the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against Defendant Company and C
A. The fact that the liability for damages was established is recognized.