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(영문) 서울중앙지방법원 2021.01.12 2019가단5289979

구상금

Text

The defendant's 26,520,00 won to the plaintiff and its 5% per annum from August 20, 2019 to January 12, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a contract for employer liability insurance with C Financial Cooperative, the Insured D Co., Ltd. (hereinafter “D”), and the insurance period from December 8, 2016 to December 8, 2017. The Defendant is the owner of the following B and the following D:

It is the user of the driver E in possession of the vehicle in this subsection.

B. Both the Defendant and D are subcontractors of “G new construction works” performed by Nonparty F Co., Ltd., and they moved to the construction site at around 06:50 on July 8, 2017 by the Defendant’s vehicle number H used by the Defendant for a pre-service safety inquiry.

D In the event of an accident involving bodily injury, such as the cutting of an open body body body body (hereinafter “instant accident”) by shocking the employee I (hereinafter “victim”).

(c)

The instant accident occurred at the Defendant’s construction site using the upper line owned by JK (open line L), and the Defendant’s employees E, who stopped on emergency vehicular roads and moved to a place without signal number instructions, and did not discover I by speed and by negligence and by negligence.

(d)

The claims adjustment company upon the plaintiff's request "the insured D should have conducted adequate educational guidance to ensure that workers do not suffer from safety accidents, but such educational guidance was sufficient to escape from liability for the accident of this case.

In light of the fact that it is difficult to view D’s liability pursuant to Articles 750 and 756 of the Civil Act, it constitutes “compensation damages” under the general terms and conditions of user liability insurance. The victim’s amount of damages is ① KRW 13,721,245 (the treatment hospital Mat hospital from July 8, 2017 to November 17, 2017, and the treatment period from July 14, 2017 to December 30, 2017), ② KRW 14,50,000 (including all of the expenses for the sex of the operation marks), consolation money, KRW 42 million, KRW 69,71,2455.