구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. Facts of recognition;
A. Defendant B of the first instance trial is a person responsible for the management and supervision of the construction site at sewage level in the construction site where C Co. performs the removal of the above construction site of the above construction site, which is the above-mentioned construction site D and 1 parcel of land, including Changwon-si, Changwonpo
E (hereinafter referred to as “the network”) around 08:56 on July 30, 2014, around 08:56, in order to remove a chimney at the construction site, attached a safety net in the shape of a static-type to a 25-ton oil pressure pipe, which was driven by the Defendant, to the 25-ton oil pressure pipe, and was cut off from approximately 30 meters high from the string gate, on the ground that the above safety net was behind the floor, and died on the string.
(hereinafter “instant accident”). (b)
B and the Defendant was prosecuted by occupational negligence, death, etc. (Chowon District Court Branch Branch Decision 2014Ma1172), and B on September 23, 2015, the Defendant was sentenced to a suspended sentence of two years in imprisonment without prison labor for one year, and the Defendant was sentenced to a suspended sentence of two years in August, and the sentence became final and conclusive.
On September 22, 2015, the Defendant and B made a criminal agreement between F, the deceased’s spouse, and paid KRW 20,000,000 to F, respectively, and the criminal agreement stated that “The content of this agreement is a criminal agreement excluding compensation and civil liability under the Industrial Accident Compensation Act.”
C. The Plaintiff paid the survivors’ pension under the National Pension Act to F, the spouse of the deceased, from August 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. The summary of the cause of the claim is that the Defendant and B caused the death of the deceased by occupational negligence, and thus, the Plaintiff is liable to compensate for the damage caused by the death of the deceased. Article 114(1) of the National Pension Act Article 114 of the National Pension Act (Rights of Subrogation, etc.) (1) When the cause for payment of disability pension or survivor pension has occurred due to the act of a third person, the Corporation shall pay the third person